Legal Opinion

Barker v. Archer

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 2 opinions

Appeal by the defendant, Theodore F. Archer, from a judgment of the Municipal Court of the city of Hew York, borough( of Brooklyn, second district, in favor of the plaintiff, entered in said court on the 28th day of April, 1899, upon the verdict of a jury.

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Appeal by the defendant, Theodore F. Archer, from a judgment of the Municipal Court of the city of Hew York, borough( of Brooklyn, second district, in favor of the plaintiff, entered in said court on the 28th day of April, 1899, upon the verdict of a jury. The action was brought to recover from the defendant, an auctioneer, the proceeds of the sale of certain goods which the plaintiff claimed had been sold to him by their original owner, who had placed them in the custody of the defendant.

1Opinion of the Court

Woodward, J.:

This court has held, upon the authority of Irwin v. Metropolitan Street R. Co. (38 App. Div. 253), that the Legislature had the power to create the Municipal Court with jurisdiction extending *81over the entire city of New York (Kantro v. Armstrong, 44 App. Div. 506), and as subdivision 4 of section 1370 of the Greater Hew York charter (Laws of 1897, chap. 378) .regulates the proceeding where the action is not brought in the proper district, and it is conceded the defendant raised no objection to the venue, we are of opinion that the question cannot be raised upon this appeal. The…

2Cases cited2 opinions

  1. Irwin v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
  2. Kantro v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by2 opinions

  1. In re The North American Mercantile Agency Co.Appellate Division of the Supreme Court of the State of New York · 1908
  2. Department of Health v. HalpinAppellate Terms of the Supreme Court of New York · 1903

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