Newing v. Stilwell

The opinion of the court was delivered by

Fort, J.

This writ brings up an order for dispossession in a summary proceeding under the Landlord and Tenant act.

Several reasons are assigned for vacating these proceedings, but one only is seriously relied upon.

If the justice of the peace has jurisdiction, then the certiorari must be dismissed. Fowler v. Roe, 1 Dutcher 549.

It is strenuously contended that the justice was without jurisdiction, because the affidavit upon which the summons was issued did not give a proper description of the premises.

The statute provides that in these proceedings oath, in…