Legal Opinion

People ex rel. Hughes v. Lamb

New York Supreme Court

Decided April 15, 1877Published

Certiorari to review summary proceedings, instituted before, a justice of tbe peace in Syracuse, under tbe “ landlord and tenant act.”

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Certiorari to review summary proceedings, instituted before, a justice of tbe peace in Syracuse, under tbe “ landlord and tenant act.” Tbe affidavit of tbe respondent was as follows : “ Onondaga County, } gg . ’ ’ City oe Syracuse, ) ’ ’ “ Margaret Lamb, of Syracuse, in said county, being duly sworn, says, that she is the rightful owner of the premises hereinafter mentioned, and entitled to tbe possession thereof ; and that Edward Hughes is justly indebted unto said Margaret Lamb in tbe sum of fifteen dollars due tbe 1st day of August, 1876, for tbe rent of a bouse and premises known as No.…

1Opinion of the Court

Talcott, J.:

This is a certiorari, the return to which brings up summary proceedings before a justice of the peace in Syracuse, under the “ landlord and tenant act.” Under the twenty-third rule of the Supreme Court this should be heard at the Special Term in the first instance, but we have looked into the case and do not see that any of the objections of the relator to the proceedings before the magistrate are tenable. The affidavit of the landlord is in precise accordance with the form for that purpose prescribed in Waitis Practice (5 Wait’s Prac., 427), with the addition of the words,…

2Cases cited1 opinion

  1. Robinson v. McManusNew York Supreme Court · 1871

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