Geisler and Weigand v. . Acosta
New York Court of Appeals
AVAit of error to the supreme court in the first district, to review a judgment rendered on certiorari to an alderman of the city of New-York, to remove an order of the aider-man made upon a'proceéding to remove a tenant under the provisions of the Revised Statutes relating to summary proceedings to recover the possession of land.
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AVAit of error to the supreme court in the first district, to review a judgment rendered on certiorari to an alderman of the city of New-York, to remove an order of the aider-man made upon a'proceéding to remove a tenant under the provisions of the Revised Statutes relating to summary proceedings to recover the possession of land. Q;n the 7th day of February, 1849, Acosta presented to William Adams, an alderman of the fifth ward, an affidavit setting forth that G-eisler and Weigand, as tenants, were justly indebted tó him as landlord in #166.66, due 1st of February, 1849, for-the rent of a…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The first paper presented by Geisler and Weigand did not profess to deny any of the facts upon which the summons was issued. It did not therefore raise any issue to try which a jury could be summoned; and the magistrate was right in his decision to that effect. (2 R.S., 513, § 28 et seq.) As a plea of a former trial and…
2Cited by3 opinions
- Scholey v. . HalseyNew York Court of Appeals · 1878
- Fritztuskie v. WauroskiAppellate Division of the Supreme Court of the State of New York · 1903
- Geisler v. AcostaNew York Court of Appeals · 1853