Montalvo v. Levinston

The opinion of the court was delivered by

Kalisch, J.

A judgment for possession of certain prem- , isos was obtained by the defendants herein in the New Brunswick District Court, in a summary proceeding under an act entitled, “An act concerning landlords and tenants.” The prosecutor seeks to have the legal propriety of that judgment reviewed here upon the ground that the court Below, upon the facts of the case, should have given a judgment for the prosecutor.

There was no claim made in the' trial court by the proseetftor, nor is there any claim made here that the landlord’s affidavit upon which…