Shackleton v. Hart
New York Supreme Court
Appeal from justice’s court removed to the supreme court by certificate of county judge. In 1850, the plaintiff, by his attorney, commenced an action in the supreme court against one Clark, in the course of which the appellants executed an undertaking as bail on arrest of defendant. The plaintiff obtained judgment in 1852, at which time he became, and continues, insolvent, leaving his attorney unpaid.
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Appeal from justice’s court removed to the supreme court by certificate of county judge. In 1850, the plaintiff, by his attorney, commenced an action in the supreme court against one Clark, in the course of which the appellants executed an undertaking as bail on arrest of defendant. The plaintiff obtained judgment in 1852, at which time he became, and continues, insolvent, leaving his attorney unpaid. After the issuing and return of the usual executions, (the execution against the person being returned, March 22, 1855,) the attorney procured an assignment of the undertaking from the sheriff…
1Opinion of the Court
Johnson, Justice.
The action before the justice arose upon contract. It was for the recovery of money only, and .the amount claimed did not exceed $100. I do not see, therefore, why the justice had not jurisdiction to entertain and try the action. There is nothing, I think, in section 190 or 191 of the Code to affect the jurisdiction of a justice, in actions upon these instruments. The undertaking in question is clearly a contract, obligation, or liability, within the meaning of § 91 of the Code, and the action was not i/ barred at the time it was commenced.
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2Cases cited1 opinion
- Wilkins v. BattermanNew York Supreme Court · 1848
3Cited by2 opinions
- Davis v. . BoweNew York Court of Appeals · 1889
- Kipp v. RappCity of New York Municipal Court · 1885