Rice v. Platt
New York Supreme Court
Error from the superior court of the city of New-York, to review a judgment reversing one rendered by the marine court. Rice, the plaintiff in the marine court, declared against Platt “ in a plea of trespass on the case,” setting forth that the defendant, on the 12th day of April, 1844, caused to be issued out of the court of common pleas of the city of New-York, a precept against the plaintiff, requiring the sheriff to commit him to prison until he should pay seven dollars…
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Error from the superior court of the city of New-York, to review a judgment reversing one rendered by the marine court. Rice, the plaintiff in the marine court, declared against Platt “ in a plea of trespass on the case,” setting forth that the defendant, on the 12th day of April, 1844, caused to be issued out of the court of common pleas of the city of New-York, a precept against the plaintiff, requiring the sheriff to commit him to prison until he should pay seven dollars for the costs of opposing a motion made by the plaintiff in the common pleas, in a suit against one Blakely, which…
1Opinion of the Court
By the Court, Jewett, J.
I am of opinion that the judgment of the superior court ought to be affirmed. The marine court has no jurisdiction of the subject matter of this suit. It is true, that in form this action is in trespass on the case, yet the ground and cause of it is an assault and false imprisonment. The statute (2 R. L. 382, § 106) provides that the marine court shall have jurisdiction of actions upon the case; but a subsequent part of the section declares that its authority shall not extend to actions of assault and battery or false imprisonment, other than those committed on the…
2Cases cited2 opinions
- Morris v. ScottNew York Supreme Court · 1839
- Edwards v. ElbertNew York Supreme Court · 1815
3Cited by2 opinions
- Castro v. De UriarteDistrict Court, S.D. New York · 1882
- Weidlich v. WeidlichNew York Supreme Court · 1941