20 Wend. 189
Decided October 15, 1838
New York Supreme Court · decided 1838-10-15
Landlord and tenant. In this case Green instituted proceedings against Wilson, under the statute, for holding over after the expiration of his term, certain premises which had been demised to him. In the progress of the cause, Wilson applied for an adjournment, which was refused by the judge before whom the proceedings were had. A trial was then had before a jury, who found a verdict in favor of Green.
Cited by 1 later decisions — most recently July 1857
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1838-10-15
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¶1The affidavit upon which the application was made for an adjournment was clearly insufficient j but if otherwise, we cannot notice the objection. It is not properly a part of the record.
¶2The return, I think, shows that, in evidence on the trial, the defendant proved that the plaintiff had parted with his title before he commenced the proceedings; but that we cannot notice, according to the case of Birdsall v. Phillips, 17 Wendell, 464.
¶3Proceedings affirmed.