Handshke v. Loysen

Clark, J.:

The appellant was formerly a tenant of the plaintiff, who by petition dated December 1, 1921, instituted summary proceedings before a justice of the peace of the city of Utica to remove appellant from premises which he had rented from the respondent, for non-payment of rent.

The trial was had before the justice of the peace and a jury which resulted in favor of the defendant, whereupon the landlord appealed to the Oneida County Court and demanded a new trial. The case was brought on for trial in the Oneida County Court on the 21st day of February, 1922, and a jury was drawn, examined…