Legal Opinion

People Ex Rel. Botsford v. . Darling

New York Court of Appeals

Decided February 6, 1872PublishedCited by 12 opinions

This was a summary proceeding under tlie landlord and tenant act to remove defendant for an alleged holding over after the expiration of his term. The county judge decided that the term had not expired. Relator thereupon removed the proceedings by certiorari to the Supreme Court, where the judgment of the county judge was reversed.

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This was a summary proceeding under tlie landlord and tenant act to remove defendant for an alleged holding over after the expiration of his term. The county judge decided that the term had not expired. Relator thereupon removed the proceedings by certiorari to the Supreme Court, where the judgment of the county judge was reversed. The question was as to whether or not the tenant had accepted a lease in writing of the premises, which had been executed by the landlord in duplicate. Upon the facts the court sustain the county judge, hut hold that if the Supreme Court was right, then the…

1Opinion of the Court

Grover, J.,

reads opinion for reversal of judgment of the Supreme Court, and affirming order of county judge with costs.

All concur.

Judgment accordingly.

2Cited by12 opinions

  1. Hungerford v. WagonerAppellate Division of the Supreme Court of the State of New York · 1896
  2. Banks v. CarterNew York Court of Common Pleas · 1878
  3. Witherbee, Sherman & Co. v. WykesAppellate Division of the Supreme Court of the State of New York · 1913
  4. Gerolemou v. SolizAppellate Terms of the Supreme Court of New York · 2000
  5. Ludington v. GarlockNew York Supreme Court · 1890

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