In re White
New York Supreme Court
Proceedings upon the return of an order to show-cause why the justice of the seventh district court of the city of New York, should not be compelled to countersign the answer of Annie White, and Bernard White, and approve the bond offered by them in summary proceedings brought against them by Joel W. Parker; and for a mandamus, stay of proceedings, &c. . The proceedings in the district court were brought under section 2231, subd. 4 of the Code of Civil Procedure, for the…
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Proceedings upon the return of an order to show-cause why the justice of the seventh district court of the city of New York, should not be compelled to countersign the answer of Annie White, and Bernard White, and approve the bond offered by them in summary proceedings brought against them by Joel W. Parker; and for a mandamus, stay of proceedings, &c. . The proceedings in the district court were brought under section 2231, subd. 4 of the Code of Civil Procedure, for the possession of two lots in sixty-fourth street, the petition alleging that the petitioner was the owner of an undivided…
1Opinion of the CourtLawrence, J.
The provisions, of the Code of Civil Procedure relied upon by the petitioner’s counsel are not applicable to the “summary proceedings to recover the possession of real property,” which are provided for by title 2 of chapter 17 of the Code, sections 2231 to 2265 inclusive; sections 2951 and 2952 relate to actions in which the question of the title arises. In this summary proceeding the question is not as to title, but as to the right to the possession of the property, and the case here arises under the 4th subdivision of section 2232 relating to squatters. By section 2247, the issues joined by…
2Cited by5 opinions
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