People v. Bailey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Webster Bailey, from a judgment of the County Court of Albany county in favor of the plaintiff, entered in the office of the clerk of said county on the 27th day of April, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of Hay, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:. The County Court has no jurisdiction of an original action brought therein unless the defendant is a resident of the county. (N. Y. Const, art. 6, § 14; Code Civ. Proc. § 340.) Consent of the parties will not confer'jurisdiction where the statute or Constitution has actually denied it. In this case, therefore, if the defendant had not been a resident of the county of Albany the judgment against him could not stand.
The defendant was in fact a resident of that county and, therefore, the plaintiff had the' right to bring this action against him to recover the penalties sought. As…
2Cases cited4 opinions
- Bunker v. LangsNew York Supreme Court · 1894
- People v. WiardAppellate Division of the Supreme Court of the State of New York · 1901
- Henneke v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1907
- People v. WoodbeckAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by6 opinions
- Dulso v. DulsoAppellate Division of the Supreme Court of the State of New York · 1915
- Daley v. Dennis, New York County Courts1930
- Martens v. Fernandez, New York County Courts1949
- Duke v. Hudson RivEr Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Miller v. KatzCity of New York Municipal Court · 1932
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