Gormly v. McIntosh
New York Supreme Court
IH these suits and in several others, actions were commenced in the Monroe county court, and -judgments recovered and docketed therein, from which appeals were brought to this court.
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IH these suits and in several others, actions were commenced in the Monroe county court, and -judgments recovered and docketed therein, from which appeals were brought to this court. This court, at the March general term, reversed the judgments on the ground that the county court had no jurisdiction of the subject matter for which the actions were respectively brought, under the decision of the court of appeals in Kundolf v. Thailheimer, (2 Kernan, 593.) The appellants in the several causes, claiming costs, presented bills for allowance to the county clerk, some embracing costs upon appeal in…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Judgments having been rendered and perfected in the county court in these cases, the parties affected thereby had a right to bring appeals *272to this court from the same. The judgments were liens upon the property of. the defendants, and would have protected ministerial officers in enforcing the same by execution. The code (sec. 344) gives an unqualified right of appeal in such cases. The actions were therefore all properly brought into this court. It is now claimed by the respondents, that as the county court had no jurisdiction, this court acquires none upon…
2Cases cited9 opinions
- Capron v. Van NoordenSupreme Court of the United States · 1804
- Striker v. MottNew York Supreme Court · 1831
- Traver v. NicholsNew York Supreme Court · 1831
- Williams v. BluntMassachusetts Supreme Judicial Court · 1806
- Brown v. DelanoMassachusetts Supreme Judicial Court · 1815
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State ex rel. Mau v. AushermanWyoming Supreme Court · 1903
- King v. PooleNew York Supreme Court · 1862
- State ex rel. Lamouraine v. Judge of Division "B," Civil District CourtSupreme Court of Louisiana · 1893
- Harriott v. New Jersey Railroad & Transportation Co.New York Court of Common Pleas · 1860
- Harriott v. New Jersey RailroadNew York Court of Common Pleas · 1858
9 more not listed; retrieve them via the Exa API.