People Ex Rel. Higgins v. McAdam
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme court, in the first judicial department, entered upon an order made January 10, 1881, which affirmed a judgment awarding to the relator an absolute writ of prohibition, restraining the defendant from hearing and determining certain summary proceedings which had been instituted before him as one of the justices of the Marine Court of the city of New York, and which affirmed an order sustaining a demurrer of the relator…
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Appeal from judgment of the General Term of the Supreme court, in the first judicial department, entered upon an order made January 10, 1881, which affirmed a judgment awarding to the relator an absolute writ of prohibition, restraining the defendant from hearing and determining certain summary proceedings which had been instituted before him as one of the justices of the Marine Court of the city of New York, and which affirmed an order sustaining a demurrer of the relator to the return of defendant to an alternative writ of prohibition. (Reported below, 22 Hun, 559.) The following facts…
1Opinion of the Court
Folger, Ch. J.
Section 28, article 2, title 10, chapter 8, part 3 of the Eevised Statutes (vol. 2, p. 512), provides that any tenant of premises may be removed therefrom, if they lie in the City of New York, by any justice of .the Marine Court, The statutes, in subsequent sections, prescribe the manner in which the removal may be made. There is no question in this case but that the proceedings had before Justice MoAdam were formally in accordance with the statute. The defendant in them, Virginia Herring, was the tenant of the premises, and they lay in New York city. So far, it seems that the…
2Cases cited4 opinions
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Hallenbeck & Miller v. GarnerNew York Supreme Court · 1838
- Spraker v. . CookNew York Court of Appeals · 1858
3Cited by8 opinions
- Fort Hamilton Manor, Inc. v. BoylandNew York Court of Appeals · 1958
- Magner v. SmythNew York Supreme Court · 1932
- Whedon v. ChamplinNew York Supreme Court · 1869
- Henderson v. TombNew York Supreme Court · 1938
- People ex rel. Wiesenthal v. DunneAppellate Division of the Supreme Court of the State of New York · 1921
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