Foot v. Stevens
New York Supreme Court
This was an action of debt, on a judgment tried at the Genesee circuit, in April, 1836, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiffs declared on a judgment in their favor against the defendant, rendered in the common pleas of the county of Genesee, in this state, in October, 1835. The defendant pleaded nul tiel record, on which issue was [484] joined.
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This was an action of debt, on a judgment tried at the Genesee circuit, in April, 1836, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiffs declared on a judgment in their favor against the defendant, rendered in the common pleas of the county of Genesee, in this state, in October, 1835. The defendant pleaded nul tiel record, on which issue was [484] joined. On the trial of the cause, the plaintiffs offered in evidence a record of a judgment in assumpsit, on assessment of damages by default, regular in all respects, except that the judgment appeared to have been…
1Opinion of the Court
By the Court,
Cowen, J.
The jurisdiction of the courts of common pleas in this slate is declared by 2 R. S. 135, 2d ed. § 1. The power of the court is to hear, try and determine according to law all actions local to the county where it sits, and all transitory actions wherever the cause may arise. In point of subject matter, its jurisdiction is equal to that of the common pleas in England, and to that of this court in respect to civil actions, with the exceptions of actions local to another county. It is also a court of record (id. 206, § 1). No doubt that it is a court of general jurisdiction…
2Cases cited7 opinions
- Shumway v. StillmanNew York Supreme Court · 1831
- Kempe's Lessee v. KennedySupreme Court of the United States · 1809
- Harrod v. BarrettoThe Superior Court of New York City · 1828
- People v. Justices of the Delaware Common PleasNew York Supreme Court · 1799
- Smith v. RhoadesSupreme Court of Connecticut · 1803
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3Cited by58 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- People v. . BradnerNew York Court of Appeals · 1887
- Guilford v. LoveTexas Supreme Court · 1878
- Wright v. . NostrandNew York Court of Appeals · 1883
- Gates v. . StateNew York Court of Appeals · 1891
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