Sweet v. Flannagan
New York County Court, Chemung County
Motion to dismiss complaint on cause being moved for trial, on ground that the county court has no jurisdiction of the cause of action stated in the complaint. The action is brought to recover damages for an alleged assault and battery, and the amount demanded is $2,000.
1Opinion of the Court
Seymour Dexter, Chemung County Judge.
It is insisted that chapter 480 of the Laws of 1880, conferring jurisdiction upon county courts, where the defendants reside in the county "in which the action is brought, where the relief demanded is the recovery of a sum of money not exceeding $3,000, is unconstitutional. So far as we are advised no decision has been made upon the question ; at least none has been reported. The question is an important one, and demands careful examination. Section 15 of article 6 of the constitution provides, among other things:
(1.) “The county court shall have the…
2Cases cited2 opinions
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- Kundolf v. . ThalheimerNew York Court of Appeals · 1855
3Cited by1 opinion
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892