New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-03
SUPERIOR COURT-SrEcrAL TEml-Noy Before jus
ticc BARBOUR
,w OV SUMMARY NORTHUMBERLAND RIGHT

IT,
LAW or SUMMARY NORTHUMBERLAND RIGHT
Authority or DISTRICT COURTS
Mary Bean agt. Samuel NJ Peifngll ct al
The plaintiff entered INTO The house No. % IOrty
second 81 ON the first OF Nav last rent Of s500 and IN the
lease condition that she would Yacae tAe prem
10 days notice In September last ey save Aer sosA DO
ticr she FILLING yucatc they commenced summary pro
ccedings Gust hc which SUMMARY proceedings were al
Icore Ills dny she commenced action in the Superior
Count 10 restrain the defendants from proceeding N the action
before Judge Russell dpOsses her. In her complaint she
% No tLi about the I'D OF August she promised
and assured By the defendants that they would waive Tue .
doy covenant i'm the lease aud that she might continue IN the
promises until ls Of April that relying on TINS se eA
pended $500 in improving the house She further AYERS that
i ,n tcer@ ask he iacrfereace Of this Court
1Le defendants deny any waving OF the terms OF me case
They say that they warned her the St and 10Th OF sepeu
her ee Giving her pcremptoy notice the 18th that the
plaintiff set mp school In the house contrary 20 mn 49,
and agreement and that the present proceeding Is 10 eA
s defendants counsel argued that the case was entirely
within the Jurisdiction Of the district and city judges aa 5IaI
his jurisdiction exclusive and the superior court hae no
authority interfere The case was aTlugl a. Iesu ~,
Dodge Tor the plaintiff and Mr Amos y; nun III ' u'
amt Tie following Is the opinion OF the Court . , -,
BARBOUR Justicerhis action brought 70 oDta Jug
meut whereby the defendants shall De elolneu mn -
until OF Mny s6l, from prosecuting certain
proceedings which have been Instituted agaisu {S p
by the defendants 20 remove nor rom @ -, 80
pied by her as their tenant upon the alleged GROUND nat sac
Is holding after the expiration oil he el NIT, ,,i aud
The motion before me now is iof an Huhc''on u"'N ~ INV
Judgment IN this action. =, -, .,,,. A.,
The complaint sets forth lease under sea- Nv %heep! S
premises are let TO the painn Tor tne e' u sn r
the list OF May 1866 which lease contains the following
10 yacate premises at any time upon Receiving zen u
notice from said parties OF the first part AZ the 0poh anu
also further provision, by Of agreement wlcn ueeaIe
that n default shall be made in Of the covenants coan
therein the lessons may re6uer the premises ana ro'e al
persons thcrenOni. al, NJ - =, b...a
Inc SUMMARY proceedings in question are alleged 10 9e based
poo the giving OF the ten days notice and the refusal OF the
an tO leave tho premises after that period has eAIeu
Tie co,ppnin also alleges that previous 10 any such notice
being given the defendants promised ana eSeed 10
and With the plaintiff that they would waive
the s,id ten days covenant ana permit her
m ocupy the premises for the whole of the desed term IN
constellation OF an undertaking her part that such wave
was mae she would repair and improve the premises at he
own expense and the plaintiff further aver that PRIOR 70 te
giving Of such the repairs contemplated were aue W
her. 49,. o.n,.iv, saverol aida.
Wits hnve been read this motion.
think the notion should be denied upon the following
grounds a., A.. ,.,..,o hsfo,s .ho,,
the summary proceeding eviction are now pehing VII De
bound 10 determine upon the trial before nm
Ers Whether the relation OF landsou anu uehaht cAs's as
stated In the complaint before him anu
Sond Whether the holding over after her term mas
! expired %, = - 10 M d,e,on,,, III.
latter fact will established PrHa acse 10y the lease ltsel
nro f notice 60 Quit and the refusal OF the servant 1 60
kt II the defendant these proceedings shan succeed ~ 60
tebsinr the fact hl the landlords ug sufficient conaderh
ton ha prior any notice agreed oycn u! faroi Win ihe
notice OF words had undertaken that hcy would n0'