Horace Gray

“ The writ of error before us is not upon the judgment of the justice in the landlord and tenant process, but upon the judgment of the supreme court of the District of Columbia quashing the writ of certiorari to the justicie. The last ground assigned for the motion to dismiss is untenable, because it affects the correctness of the judgment quashing the writ of certiorari, and not the jurisdiction of this court to review that judgment. ”

“ Its requirements are satisfied, at least so far as to support the jurisdiction of the justice, by the distinct allegations in the complaint before us that the complainant is entitled to the possession of the premises, that they are detained from him and held without right by the defendant, that the defendant is his tenant at sufferance, and that the defendant's tenancy and estate in the premises have been determined by such a notice to quit. ”

“ As it requires the oath to be made by the complainant in person, and does not in terms require it to be administered by the justice or within the district, it is a more reasonable construction to permit the oath to be taken anywhere before a proper officer than to require the personal attendance of the complainant at the filing of the complaint. ”