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

New York Court of Common Pleas·Decided February 2, 1891·Published

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.

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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