Jackson ex dem. Wood v. Salmon

New York Supreme Court

Jackson ex dem. Wood v. Salmon

4 Wend. 327

CourtNew York Supreme Court

DecidedMay 15, 1830

StatusPublished

Cited by16 cases

This text of 4 Wend. 327 (Jackson ex dem. Wood v. Salmon) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson ex dem. Wood v. Salmon, 4 Wend. 327 (N.Y. Super. Ct. 1830).

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Opinion

By the Court,

Savage, Ch. J.

The only question in the case is, whether the defendant was entitled to notice to quit. Wells entered into possession lawfully ; he hired the premises for one year, and continued in possession after that period ; he was tenant from year to year, and Was entitled to-[328]*328notice before an ejectment could be brought against him, 'pjie defendant coming in under Wells, stands in the samerelation to the lessor. A tenant for a year, holding over, is tenant from year to year, and not at will; but if at will, ho was entitled to notice. [4 Cowen, 349.] We therefore refuse to set aside the nonsuit.

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By the Court,

Savage, Ch. J.

The only question in the case is, whether the defendant was entitled to notice to quit. Wells entered into possession lawfully ; he hired the premises for one year, and continued in possession after that period ; he was tenant from year to year, and Was entitled to-[328]*328notice before an ejectment could be brought against him, 'pjie defendant coming in under Wells, stands in the samerelation to the lessor. A tenant for a year, holding over, is tenant from year to year, and not at will; but if at will, ho was entitled to notice. [4 Cowen, 349.] We therefore refuse to set aside the nonsuit.

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Bluebook (online)

4 Wend. 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-wood-v-salmon-nysupct-1830.

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