
    COURT OF APPEALS.
    
      Decisions Sept. Term, 1848, at the Capitol in the City of Albany.
    
    [Continued from page 40, and concldued. 1
    John Chretien, plaintiff in error, vs. John Doney and others, defendants in error.
    
      Judgment of restitution reversed, and as to all the rest, judgment affirmed without costs in this Court.
    
    R. Germain and N. Bennett for plaintiff in error; J. B. Lathrop and H. Seymour Jr. for defendants in error.
   This case involved the construction of a clause in a lease for a term of years. And this principle was settled in the decision to wit; “ Where the landlord obtains possession of the demised premises by summary proceedings which are reversed in the Supreme Court upon certiorari, that court should not award restitution to the tenant, if the term has expired before the judgment of reversal is rendered.” Reported, 1 Comstock, 419  