Bangs v. Selden
New York Supreme Court
Motion to set aside proceedings for irregularity, &c. The action was brought upon a promissory note. The place of trial specified in the complaint is the county of Genesee. The defendant resided in Rensselaer. At a special term, held in Albany in May, 1856, a motion was made, on behalf of the defendant, to change the place of trial from Genesee to Rensselaer. The motion was opposed, upon the ground that the court in Albany had no authority to entertain the application.
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Motion to set aside proceedings for irregularity, &c. The action was brought upon a promissory note. The place of trial specified in the complaint is the county of Genesee. The defendant resided in Rensselaer. At a special term, held in Albany in May, 1856, a motion was made, on behalf of the defendant, to change the place of trial from Genesee to Rensselaer. The motion was opposed, upon the ground that the court in Albany had no authority to entertain the application. The objection was overruled, and an order was made changing the place of trial to the county of Rensselaer. The plaintiff…
1Opinion of the Court
Harris, Justice.
The validity of the order of Mr. Justice Greene, staying the defendant’s proceedings until the appeal from the order changing the venue in the action should be heard, must depend upon the question whether the latter order was effectual to transfer the action from Genesee to Rensselaer.
A judge of the supreme court, like any other officer, when acting out of court, is an officer of limited jurisdiction. He may do just what the legislature has authorized him to do, and whatever he does more than this, is done without jurisdiction. Any judge, anywhere, may make an order, out of…
2Cited by2 opinions
- Burgdorf v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Culver v. HollisterNew York Supreme Court · 1864