People v. King
New York Supreme Court
On certiorari, upon a conviction for a forcible entry and detainer. moved to' quash the conviction, and that a re-restitution issue,.for the following reasons: 1. For want of certainty in the description of the premises, they being described only as “ tenements and improvements,” without naming the county in which situated ; 2. Twenty-four persons were sworn upon the grand *jury who found the bill, so that more than twelve were necessary to the finding; 8. Because a…
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On certiorari, upon a conviction for a forcible entry and detainer. moved to' quash the conviction, and that a re-restitution issue,.for the following reasons: 1. For want of certainty in the description of the premises, they being described only as “ tenements and improvements,” without naming the county in which situated ; 2. Twenty-four persons were sworn upon the grand *jury who found the bill, so that more than twelve were necessary to the finding; 8. Because a challenge to a grand juror for having given a bond of indemnity (see Trelawney v. Thomas, 1 H. Bl. 208,) to the complainant, was…
1Opinion of the Court
Kent, Ch. J.
The inquisition and proceedings below must be quashed, and re-restitution be awarded. The last objection is fatal, within the decisions of this court, in Beebee ads. The People, in January term, 1802, and Shaw ads. The People, August, 1803. Vol. 1. p. 125. I think the second and fifth also are equally fatal. As to the objection that the term is expired, and neither party have title, we cannot inquire into, and decide by affidavit in this way on the title or rights of the parties: the complainant below has nothing to do with that. He must .give up the possession irregularly…
2Cases cited2 opinions
- People ex rel. Gault v. Van NostrandNew York Supreme Court · 1832
- People ex relatione Whiting v. GodfreyThe Superior Court of New York City · 1828
3Cited by8 opinions
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- People v. Herrmans, New York County Courts1910
- Archey v. KnightIndiana Supreme Court · 1877
- Vinson v. FlynnSupreme Court of Arkansas · 1897
- Conkey v. PeopleNew York Court of Appeals · 1860
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