Striker v. Kelly
New York Supreme Court
On error from the supreme court. Striker sued Kelly in the court below in covenant, for a quarter’s rent reserved upon the demise of certain premises in the twelfth ward of the city of New-York.
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On error from the supreme court. Striker sued Kelly in the court below in covenant, for a quarter’s rent reserved upon the demise of certain premises in the twelfth ward of the city of New-York. The defence was that the greater part of the demised premises had been sold for a long term of years, pursuant to proceedings taken by the corporation of the city for the nonpayment of an assessment for benefit, made'before the execution of the lease, upon the opening of the ninth avenue from Forty-fifth-street to the Bloomingdale road; and that the title under the sale had become absolute in the…
1Opinion of the Court
Porter, Senator.
The first inquiry in this case is, whether the statutes concerning the opening of streets in the city of New-York confer upon the justices of the supreme court an office or place of trust other than that which they hold as such’ justices. In determining this question, it is important to consider the nature of the authority which these statutes confer on the judges, and the character of the jurisdiction which appertains to the court which they are appointed to hold. If the powers respecting streets which are devolved upon the judges are such in their nature as properly belong…
2Cases cited3 opinions
- President & Trustees v. PatchenCourt for the Trial of Impeachments and Correction of Errors · 1831
- In re the Petition of Mayor of New-YorkNew York Supreme Court · 1822
- Stafford v. Mayor of AlbanyNew York Supreme Court · 1811
3Cited by48 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Embury v. . ConnerNew York Court of Appeals · 1850
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
- Hammett v. PhiladelphiaSupreme Court of Pennsylvania · 1869
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