Carter v. Anderson

New York Court of Common Pleas

Carter v. Anderson

13 N.Y.S. 332, 36 N.Y. St. Rep. 795, 1891 N.Y. Misc. LEXIS 1089

DecidedFebruary 2, 1891

StatusPublished

This text of 13 N.Y.S. 332 (Carter v. Anderson) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. Anderson, 13 N.Y.S. 332, 36 N.Y. St. Rep. 795, 1891 N.Y. Misc. LEXIS 1089 (N.Y. Super. Ct. 1891).

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Opinion

Per Curiam.

As it appears by the moving papers that Hugh C. McG-own is in possession of the premises under a lease which is not to expire until May 1, 1893, restitution cannot be awarded, (Code Civil Proc. § 1323; Costar v. Peters, 4 Abb, Pr., N. S., 53;) but the petitioners must be remitted to their remedy by action; (Market Nat. Bank v. Pacific Nat. Bank, 102 N. Y. 464, 7 N. E. Rep. 302.) Motion denied, but without costs.

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Per Curiam.

As it appears by the moving papers that Hugh C. McG-own is in possession of the premises under a lease which is not to expire until May 1, 1893, restitution cannot be awarded, (Code Civil Proc. § 1323; Costar v. Peters, 4 Abb, Pr., N. S., 53;) but the petitioners must be remitted to their remedy by action; (Market Nat. Bank v. Pacific Nat. Bank, 102 N. Y. 464, 7 N. E. Rep. 302.) Motion denied, but without costs.

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Bluebook (online)

13 N.Y.S. 332, 36 N.Y. St. Rep. 795, 1891 N.Y. Misc. LEXIS 1089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-anderson-nyctcompl-1891.