The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-16

BackweUs Island tor BLK MONTHS.
Important to Occupants and Owners Of
Dwellings.
SUPREME COURT-sPECIAL TERM.
Decision BY Hon. Judge Roosevelt.
April I.-TAadlieas Hyatt Us. Henry A. Bdr.-Judge
Roosevelt saidIhe preliminary question presented IN
this of great interest to occupants and owners
of dwellings,, especially in city where moving as 1t IS
termed is Of such frequent and the time Of
expiration Of his term refuses deliver possession to
the succeeding tenant whose family business il there
BY damaged TO meet sn Pressing sv sHe
plies for it-an immediate hearing is had before the
Justices Court he tribunal designated for the purpose
that tribunal decides that the is Of wrongful
holding and issues its warrant of dispossessen In
favor of the landlord nomnaly, but really in favor OF
the tenant The whole proceeding, therefore, is
simple prompt and seemingly efficient Errors however,
may be committed by the magistrate and the law &C
cordingy provides (2Rs 5l6) tbat the Supreme Court
may award q oer0ra,i for the purpose of examining
any adjudication made any such application" To
prevent however the main purpose Of the prompt
change possessonfrom being defeated the decision OF
the magistrate although impugned, is presumed in
the first instance to be right, and must be ex-
seused h aecoTdEy beng expressly oesafea @
dispossess &c shall not be stayed or suspended
by such writ Of csiord any other writ order OF
any court or officer" These words still in force, is
conceded broad enough to prohibit the issuing OF
injunction Have they been repealed by the new codea
Section All that act among other things that
the changes therein mace 'sha not affect any special
statutory remedy not heretofore obtained by action"
NOR any I ~ se
and twelfth tes.'' Now, in the first place, the sum
mary preceding before the magistrate il special sta
tutory remedy and, in the second place. it is pro-
ceedng provided for in title ten of chapter eight OF the
said third part the Revised Statutes" 1t would SEEM
the CODE The section which has been cited contains,
however, (and this is the plaintiffs only reiance)
exception declaring that where any particular provision
Of the titles and cha piers enume ated in this section
shall be plainly Inconsistent with this act he cOde) such
provision shall be deemed repealed and it is sontended
that the provision prohibiting stay of the summary
proceedings the plainly inconsistent
with that clause OF the code 2l9 which declares that
where i shall appear BY the complaint that the plain
any part thereof consists in restraining the commission
continuance of act the commission continuance
planh, &c temporary injunction may De granted 10
restrain such act.o Is there palpable incon
stayed by injunction but that particular proceeding
to wit the dispossesiouof tenant holding in spite
OF the deliberate judgment of magistrate, after full
hearing although il may be renewed shall not in the
meanwhile be stayed by any writ order Of any court
or ocsrs" Suppose the legislature should provide that
divorce the ground of adultery should be granted
after conformation, and by subsequent statute should
declare that divorces be granted in of adultery
and cruel treatment would this be repeal of the pre-
viOus inhibition Again Can this court sitting with
all the powers of Court of Chancery, say that the
prompt execution of regular Judgment although Of
subordinate tribunal would produce injury to party,
when the Legislature has only authorized such
ton but has expressly declared that it shah not be in
SS By BE
presented to the Legislature was virtually that Of two
houseless tenants demanding possession at the same
time, of the premises To determine the immediate
and temporary, but not the final right, summary hear
ing provided The magistrate decides that A. making
out better than B, shall enter It may be very in
convenient for TO submit even temporarily, to the
magistrates decision, and the decision may be wrong
but the legislature in the exercise of sound discretion
declared that it less evil to act Professionally, at
least upon the presumption that A. who had the magis
trate's decision in his favor, right, and that
right, who had the same decision against him. How them
repeat, act thus legislatively authorized and
legislstivey guarded, be judiciay deemed "inury
How this court pronounce act injurious when the
legislature has declared it benefcal9
have consulted on this subject with two Of my col
practice on point important to the community as
well the profession and they with in saying
that the construction of the code injunction
cannot be granted to tay suspend proceedings under
the statute for recovering summary possession Of houses
or lands.