Lynde v. Noble
New York Supreme Court
DATAIS, for the plaintiff, moved to quash the certiorari, in this cause, on the ground of its having been irregularly issued.
Read the full summary
DATAIS, for the plaintiff, moved to quash the certiorari, in this cause, on the ground of its having been irregularly issued. It appeared that the certiorari had been issued to remove certain proceedings commenced before the Court of Common Pleas of Courllandt comity, instituted by Lynde against Noble, under the act passed April 13, 1820, (sess. 43- ch. 194.) entitled, “ An act to amend an act, entitled, an act concerning disresses, rents, and the renewal of leases, passed April 5, 1813, and for other purposes.” L. made oath in writing, before Townsend Ross, esq. one of the Judges of the…
1Opinion of the CourtWoodworth, J.
Before the passing of this statute, the remedy to recover possession, where the tenant held over, was expensive and dilatory. The legislature have prescribed a summary proceeding, calculated to secure the rights of parties, and insure a speedy decision. This remedial act must be construed liberally, to carry into effect the intent, by suppressing the mischief, and advancing the remedy.
If a certiorari will remove the proceedings into this Court, before a trial is had before the Judge authorized to try the question of possession, there is nothing gained by the statute ; for the tenant, by that…
2Cited by20 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- People ex rel. Dickinson v. Board of SupervisorsNew York Supreme Court · 1864
- Stone v. Mayor of New-YorkNew York Supreme Court · 1840
15 more not listed; retrieve them via the Exa API.