21 Wend. 587
Decided October 15, 1839
New York Supreme Court · decided 1839-10-15
Landlord and tenant. Certiorari to one of the assistant justices of the city of New York, to remove proceedings before him to recover the possession of land for the non-payment of rent, there being no sufficient distress, pursuant to 2 R. S. 511, art. 1. Ewbank demised certain premises in the city of New York to Wilder, for one year from the first day of May, 1838, at the annual rent of $700 payable quarterly.
Good law ✅— No negative treatment on recordhow we know
Decided 1839-10-15
Cited by 4 later decisions (1 by the Supreme Court) — most recently December 1915
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1By the Court,
¶2This case falls within the principle of Jackson v. Sheldon, 5 Cowen, 448. I had prepared an opinion assigning the reasons why I think that case ought not to be followed. But my brethren are of opinion that we ought not to depart from the former case, and that the decision of the justice was consequently erroneous.
¶3Proceedings reversed.