Legal Opinion

People ex rel. Clute v. Boardman

New York Court of Appeals

Decided September 15, 1868PublishedCited by 9 opinions

The appellants rented from the respondents certain premises in Eighth street, New York, being portion of well known premises.called the Neptune iron works, for a term of three months from the 1st September, 1866. This term expired on the 1st December, 1866, and the tenants continuing to hold over, the landlords, on the 21st December, 1866, applied to the city judge of the city of New York for a summons under the statute, and no one appearing in answer to said summons, the…

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The appellants rented from the respondents certain premises in Eighth street, New York, being portion of well known premises.called the Neptune iron works, for a term of three months from the 1st September, 1866. This term expired on the 1st December, 1866, and the tenants continuing to hold over, the landlords, on the 21st December, 1866, applied to the city judge of the city of New York for a summons under the statute, and no one appearing in answer to said summons, the city judge, due proof being made to his satisfaction of the service of the summons, rendered judgment in favor of the…

1Opinion of the CourtMason, J.

This matter comes before this court on appeal from the judgment of the Supreme Court, rendered upon the return to that court to a writ of certiorari, brought' to review summary proceedings had before the city judge of the city of New York, under the landlord and tenant act. The proceedings were affirmed, and the relator appealed therefrom to this court. The point is taken in limtime, that an appeal to this court will not He in such a case. The 11th section of the Code provides, that the Court of Appeals shall have exclusive jurisdiction to review, upon appeal, every actual determination made…

2Cases cited2 opinions

  1. Matter of DoddNew York Court of Appeals · 1863
  2. People ex rel. Harvey v. HeathNew York Supreme Court · 1860

3Cited by9 opinions

  1. Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
  2. Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
  3. In Matter of Petition of JetterNew York Court of Appeals · 1879
  4. In the Matter of the Long Island R.R. Co.New York Court of Appeals · 1871
  5. Coatsworth v. ThompsonSuperior Court of Buffalo · 1886

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