Legal Opinion

Parker v. Eaton & Sours

New York Supreme Court

Decided September 7, 1857PublishedCited by 4 opinions

APPEAL from a judgment of the Wayne county court, reversing a judgment of a justice. Submitted without argument. The facts are sufficiently stated in the opinion.-

1Opinion of the Court

By the Court, Johnson, P. J.

The action was to recover a balance alleged to be due on a book account. It was dismissed by the justice, on the ground that he was ousted of his jurisdiction. And whether the justice was right in rendering the judgment he did render, depends upon the question whether the accounts of both parties, on the trial, as proved to his satisfaction, exceeded $400. If they did, he had no further jurisdiction, and was bound to dismiss the action. This of course means accounts which, at the time of such trial, have never been adjusted, and settled, and a balance struck…

2Cited by4 opinions

  1. Glackin v. ZellerNew York Supreme Court · 1868
  2. Bartlett v. MugettNew York Supreme Court · 1894
  3. Griffen v. BrownNew York Supreme Court · 1867
  4. Bartlett v. MudgettNew York Supreme Court · 1894

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