State v. Reynolds

• Decision Date: 11 November 1901
• Parties: STATE (GRAY, Prosecutor) v. REYNOLDS.
• Court: New Jersey Supreme Court

50 A. 670

67 N.J.L. 169

STATE (GRAY, Prosecutor)

v. REYNOLDS.

Supreme Court of New Jersey.

Nov. 11, 1901.

Certiorari by the state, on petition of Aaron L. Gray, against Ici C. G. Reynolds to review a judgment in justice's court in proceedings brought under the landlord and tenant act. Reversed.

Argued June term, 1901, before GUMMERE and HENDRICKSON, JJ.

Charles T. Cowenhoven, for prosecutor.

Frederick A. Pope, for defendant.

GUMMERE, J. The proceedings brought up by this writ were had before a justice of the peace for the purpose of removing the prosecutor from certain premises occupied by him, which were owned by the defendant. The proceedings purport to be had under the eleventh section of the landlord and tenant act, and the only question, therefore, which can be considered, is whether the justice had jurisdiction in the matter; for by virtue of the provision of section 18 of the act "proceedings had by virtue of the eleventh section of the act shall not be appealed from or removed by certiorari." The primary fact which must exist in order to give the justice jurisdiction is that the relation of the parties to the proceeding is that of landlord and tenant; for it is only where that relationship exists that the act has any application, and this fact must appear affirmatively in the affidavit which the statute requires to be filed with the justice as a preliminary step in the proceeding. Fowler v. Roe, 25 N. J. Law, 549. The affidavit in the present proceeding sets out that the prosecutor is in possession of the premises whereof a recovery is sought "upon an agreement, made and entered into between one Ethel Covas (who subsequently conveyed them to Mrs. Reynolds, the defendant), and Gray, bearing date April 1, 1899, whereby Ethel Covas let and rented the said farm and premises, together with the buildings thereon, unto said Gray, for a period of one year; that the terms upon which said agreement was based were that the said Gray was to farm said premises on shares, a copy of which agreement is hereto annexed and made a part hereof." The agreement is in the following words: "First of April, 1899. Agreement, between Mrs. E. Covas of the first part, and Aaron Grey of the second part, witnesseth: That the party of the second part shall farm on half shares the property known as 'Scio Farm.' situated on the Bound Brook turnpike, two and one-half miles from the city of New Brunswick, Somerset county, New Jersey, free of rent. That he shall employ and pay all necessary and sufficient labor to properly cultivate, gather, and market all the crops and produce, the proceeds to be equally divided. Second. The expenses of seeds will be equally divided. Also in grass seeds, allowing the farmer the cut of hay the first year. Third. Mr. Aaron Grey will weed very early in the spring the strawberry bed, gather and sell the fruit. Proceeds equally divided after each sale, in this, as well as any other, produce. Fourth. The corn stalks and oatstraw to be used on the place. Fifth. All the hay to be sold, either to be divided in the fields, or money divided when sold. Sixth. Mr. Grey will raise three calves every year, serving two quarts of milk daily to Mrs. Covas, having the balance of the milk to himself until the herd is complete in number. Seventh. Fruits of the garden to be sold, and the money equally divided after each sale. Eighth. Garden to have potatoes for the use of...