Appellate Terms of the Supreme Court of New York March 15, 1897 (Newcombe v. Eagleton)

Daly, P. J.

It appears from the record that proceedings had been commenced in the Third District Court, by the plaintiff, as landlord, to dispossess his tenant, Flannery, for nonpayment of rent which fell due in May, 1895, under the lease upon which the defendant was surety for said tenant. The parties appeared in court on the day when the precept was returnable, May 28th.