Agar v. Tibbets
New York Supreme Court
Appeal from an order of tbe Erie Special Term, denying a motion for a new trial, from an order confirming the report of a referee, and from the judgment thereon, entered against the defendant in a proceeding to determine a claim made against the estate of the testator, and rejected by her, The claim is founded upon a judgment alleged to have been rendered by a justice of the peace April 30, 1869, a transcript whereof was filed and judgment docketed in the clerk’s office of…
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Appeal from an order of tbe Erie Special Term, denying a motion for a new trial, from an order confirming the report of a referee, and from the judgment thereon, entered against the defendant in a proceeding to determine a claim made against the estate of the testator, and rejected by her, The claim is founded upon a judgment alleged to have been rendered by a justice of the peace April 30, 1869, a transcript whereof was filed and judgment docketed in the clerk’s office of Wyoming county May 1, 1869. The following is the form of the transcript so filed: STATE OF NEW YORK, Wyoming- County,…
1Opinion of the Court
Bradley, J.:
The only evidence of the judgment was the transcript of the justice filed with the county clerk. The defendant took the objection on the hearing that no jurisdiction of the person named as defendant in the judgment appeared by the transcript.
It is a fundamental proposition that jurisdiction of inferior courts, dependent as they are upon the statute for authority, will not be presumed, but must appear to support their judicial action. (Bloom v. Burdick, 1 Hill, 139.) Such is the character of courts of justice of the peace. And while the statute provides for proof of their judgments…
2Cases cited5 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Witherell & Hyde v. JonesNew York Supreme Court · 1828
- Benn v. BorstNew York Supreme Court · 1830
- Dickinson v. SmithNew York Supreme Court · 1857
- Lyon v. ManlyNew York Supreme Court · 1859