La Spina v. Pennsylvania Railroad
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of tbe Municipal Court of the city of New York, borough of Manhattan, first district, vacating and setting aside a judgment dismissing the complaint and ordering a new trial 'upon the ground that the dismissal .of the complaint was improper.
1Opinion of the CourtPlatzek, J.
This action was tried before the court with a jury. At tbe close of tbe plaintiff’s case, upon motion of tbe defendant’s attorney, tbe complaint was dismissed and judgment was entered accordingly. Subsequently tbe plaintiff moved for an order vacating tbe judgment and setting tbe case down for trial, which motion was granted, and from tbe order thus made this appeal is taken.
The Municipal Court is a court of limited jurisdiction, its powers are purely statutory and, if it transcends the jurisdiction conferred by statute, its judgments or orders *617will be void. “ In their organic power they take…
2Cases cited4 opinions
- Spiegelman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Ryan v. BrownAppellate Terms of the Supreme Court of New York · 1906
- Travelers' Insurance v. HealeyNew York Supreme Court · 1897
- Levy v. WarschauerAppellate Terms of the Supreme Court of New York · 1910