The People Ex Rel. Ainslee v. . Howlett
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the fourth judicial department, reversing a decision of the county judge of Onondaga county, in summary proceedings by defendants, as landlords, to remove the relator from certain, premises; which proceedings were brought up for review by certiorari.
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Appeal from a judgment of the General Term of the Supreme Court, in the fourth judicial department, reversing a decision of the county judge of Onondaga county, in summary proceedings by defendants, as landlords, to remove the relator from certain, premises; which proceedings were brought up for review by certiorari. (Reported below, 13 Hun, 138.) The affidavit of the defendants, on which the county judge issued the summons, stated that on the 13th of May, 1876, the defendants let unto the relator certain premises therein described, consisting of a farm in the town of Do Witt, from May 15,…
1Opinion of the Court
Church, Ch. J.
The, certiorari was brought to review proceedings before the county judge of Onondaga county, under the landlord and tenant act, and the only question is whether the affidavit put in by the relator contained such a denial of facts upon which the summons was issued as to entitle him to a trial before a jury as prescribed in the act. The transaction as alleged in .the affidavit was a loan of $5,600, by the defendants to the relator from the 15th of May, 1876, to the 1st of April, 1877,.at a usurious rate of interest, that to secure the payment of said money the relator executed to…
2Cases cited4 opinions
- Evertson v. SuttonNew York Supreme Court · 1830
- Sims v. HumphreyNew York Supreme Court · 1847
- Buck v. BinningerNew York Supreme Court · 1848
- Spraker v. . CookNew York Court of Appeals · 1858
3Cited by33 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Benjamin v. . BenjaminNew York Court of Appeals · 1851
- Jones v. . ReillyNew York Court of Appeals · 1903
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Sadler v. JeffersonSupreme Court of Alabama · 1904
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