Legal Opinion

Clyde & Rose Plank Road Co. v. Parker

New York Supreme Court

Decided September 1, 1856PublishedCited by 8 opinions

APPEAL from an order of the special term granting a now trial. See 12 Howard’s Pr. Rep. 371, where the facts are fully stated.

1Opinion of the Court

By the Court, E. Darwin Smith, J.

The county court, as organized under the constitution of 1846, is confessedly a court of special and limited jurisdiction. (Frees v. Ford, 2 Selden, 176. Kundolf v. Thalheimer, 2 Kernan, 593.) The jurisdiction of such courts must always appear upon the record. *324(Idem. Werner v. Bank of North America, 4 Dallas, 8, Bloom v. Burdick, 1 Hill, 139. 17 Wend. 483. 21 id. 40.) The rule thus stated has relation chiefly to the record of the inferior court when brought before a superior court for review, or when questioned in some collateral proceeding. The question of…

2Cases cited2 opinions

  1. Foot v. StevensNew York Supreme Court · 1837
  2. People ex rel. Proctor v. Albany C. P.New York Supreme Court · 1838

3Cited by8 opinions

  1. Bartlett v. MugettNew York Supreme Court · 1894
  2. People v. DempseyNew York Supreme Court · 1884
  3. Pointer v. JonesWyoming Supreme Court · 1906
  4. Bartlett v. MudgettNew York Supreme Court · 1894
  5. Dake v. MillerNew York Supreme Court · 1878

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