People v. S. S. Seward
New York Supreme Court
Motion for prohibition. On the application of Robert Karr a summons was issued by Judge Seward for the relator, David Karr, to shew cause why Robert Karr should not be put in possession of certain premises as landlord, on the allegation that the relator was his tenant, and held over after the expiration of his term. David Karr denied that he held over as tenant of Robert Karr, and a jury was summoned to try the question.
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Motion for prohibition. On the application of Robert Karr a summons was issued by Judge Seward for the relator, David Karr, to shew cause why Robert Karr should not be put in possession of certain premises as landlord, on the allegation that the relator was his tenant, and held over after the expiration of his term. David Karr denied that he held over as tenant of Robert Karr, and a jury was summoned to try the question. On the trial, Robert Karr produced an instrument executed by himself and the relator, whereby Robert Karr, in consideration of $50, and that the relator should relinquish…
1Opinion of the Court
*519 By the Court,
Savage, Ch. J.
The motion is denied. The subject matter was within the jurisdiction of the judge, and if he has erred in the decision made by him, the remedy of the party aggrieved is by certiorari, and not by writ of prohibition.
2Cited by23 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- Ex parte SmithSupreme Court of Alabama · 1859
- Fleming v. CommissionersWest Virginia Supreme Court · 1888
- Thomson v. . TracyNew York Court of Appeals · 1875
- Ex parte SmithSupreme Court of Alabama · 1853
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