O'Connor v. Moschowitz
New York Court of Common Pleas
The appellant was sued in the district court in the city of New York, for the third judicial district, before justice Fowler, for an amount exceeding the sum of $100. After issue' joined, he tendered to the justice an “ undertaking on removing cause to the common pleas ” and a proposed “ order for such removal,” in pursuance of subdivision 3, section 3, Laws of 1857, chapter 344, page 707, district court act (Langbein’s District Court Practice, p. 41). The plaintiff,…
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The appellant was sued in the district court in the city of New York, for the third judicial district, before justice Fowler, for an amount exceeding the sum of $100. After issue' joined, he tendered to the justice an “ undertaking on removing cause to the common pleas ” and a proposed “ order for such removal,” in pursuance of subdivision 3, section 3, Laws of 1857, chapter 344, page 707, district court act (Langbein’s District Court Practice, p. 41). The plaintiff, availing himself of the practice and decisions, required the sureties on said undertaking to justify, and their examination was…
1Opinion of the Court
The Court unanimously reversed the judgment, the chief judge stating that the sureties being sufficient in law, as shown by their sworn examinations, the justice was bound judicially to approve the undertaking and sign the order of removal. A judge should have no private reason—it must be a judicial reason and not an arbitrary, whimsical, capricious reason.
2Cited by5 opinions
- Warren v. CampbellNew York Court of Common Pleas · 1891
- People ex rel. Metropolitan Street Railway Co. v. RoeschNew York Supreme Court · 1899
- Greve v. WallowitzNew York Supreme Court · 1898
- Monagan v. Lehigh Val. R. Co.New York Court of Common Pleas · 1895
- People ex rel. Goldstein v. BolteNew York Supreme Court · 1900