Rundle v. Gordon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bead Gordon, from an order of the county judge of Sullivan county, entered in the office of the clerk of the county of Sullivan on the 24th day of September, 1897, denying" the defendant’s motion for leave to interplead one Amanda M. Bills as defendant in the action.
Read the full summary
Appeal by the defendant, Bead Gordon, from an order of the county judge of Sullivan county, entered in the office of the clerk of the county of Sullivan on the 24th day of September, 1897, denying" the defendant’s motion for leave to interplead one Amanda M. Bills as defendant in the action. This action was commenced in a Justice’s Court of the county of Sullivan to recover a balance of thirty-nine dollars and sevfentyone cents, claimed to be due from the defendant to the plaintiff on a contract for the sale of stone. The defendant, in his answer in the .Justice’s Court, admitted the purchase…
1Opinion of the Court
Putnam, J.:
We are of opinion that the provisions of section 820 of the Code of Civil Procedure are not applicable to an action originally - commenced. in a Justice’s Court, and afterwards, on a plea of title, transferred to the County Court. Such an action, when thus transferred, although in the County Court a new summons and complaint is served, is regardéd as “ an action originally commenced in a court of a justice of the peace!” (Cook v. Nellis, 18 N. Y. 126.)
Under the provisions of the Code of Civil Procedure (§§ 2951-2958) the action in the County Court must be deemed the same action…
2Cases cited3 opinions
- McGiffin v. . BairdNew York Court of Appeals · 1875
- Cook v. . NellisNew York Court of Appeals · 1858
- People ex rel. Proctor v. Albany C. P.New York Supreme Court · 1838
3Cited by4 opinions
- Eaton v. HallAppellate Division of the Supreme Court of the State of New York · 1903
- Eaton v. HallAppellate Division of the Supreme Court of the State of New York · 1903
- Moisen v. BurrAppellate Division of the Supreme Court of the State of New York · 1905
- Moisen v. BurrAppellate Division of the Supreme Court of the State of New York · 1905