People ex rel. Luke v. Nuhn

Application for a peremptory writ of mandamus requiring respondent to issue and deliver a warrant of removal in summary proceedings. In June, 1915, relator instituted summary proceedings to dispossess one McWhinney for non-payment of past due rent, reserved in a lease demising the premises here in question; the tenant by his answer admitted the making of the lease, the non-payment of the rent, and alleged as a-separate defense an actual eviction from a part of the demised premises and thus a suspension of the rent; the summary proceeding was tried before the Municipal Court justice and a…