Greiner v. Thielen

The plaintiff has taken this appeal from a judgment of the Commercial Court, dismissing his action on the ground *366that it ^cannot by law entertain jurisdiction of a suit for the recovery of damages for a quasi-offence. The inferior Judge has pronounced the present suit to be a jesuitical, casuistical, and sophistical attempt to invade the jurisdiction of the court over which he presides. Whatever may have been the intentions of the suitor, we cannot consider his action as one arising ex contractu. Notwithstanding the manner in which it'is presented, this suit, in truth and in substance, is a…