Curtin v. . Barton
New York Court of Appeals
Appeal from judgment of the General Term of the-Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which affirmed a judgment of the County Court of Onondaga county affirming a judgment in favor of plaintiff, of the Municipal Court of the city of Syracuse. The facts, so far as material, are stated in the opinion. The act is void for attempting to confer upon a local court non-local jurisdiction. (Const.
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Appeal from judgment of the General Term of the-Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which affirmed a judgment of the County Court of Onondaga county affirming a judgment in favor of plaintiff, of the Municipal Court of the city of Syracuse. The facts, so far as material, are stated in the opinion. The act is void for attempting to confer upon a local court non-local jurisdiction. (Const. N. Y. § 19 ; Geraty v. Reid, 78 N. Y. 64; Landers v. S. I. R. R. Co., 53 id. 450; Hoag v. Lamont, 60 id. 96; Wheelock v. Lee, 74 id. 495 ; People v.…
1Opinion of the CourtO’Brien, J.
The judgment in this case was rendered in the Municipal Court of Syracuse, and the only ground upon which it is questioned here is the want of jurisdiction in that court to render it. The defendant’s counsel insists that the court has no legal existence or organization, as the statute upon which its powers and functions must rest is in conflict with certain provisions of the State Constitution and, therefore, void. This presents a question of the gravest character as it not only brings in question the power of the legislature, but the jurisdiction and very existence, in point of law, of at…
2Cases cited7 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- Dolan v. . PeopleNew York Court of Appeals · 1876
- Harris v. . People of the State of N.Y.New York Court of Appeals · 1875
- Brandon v. . AveryNew York Court of Appeals · 1860
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3Cited by52 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- Richfield Oil Corp. v. City of SyracuseNew York Court of Appeals · 1942
- Morgenthau v. CookeNew York Court of Appeals · 1982
- Burke v. KernNew York Court of Appeals · 1941
- Board of Commissioners v. AlbrightIndiana Supreme Court · 1907
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