Legal Opinion

Cook v. . Nellis

New York Court of Appeals

Decided September 5, 1858PublishedCited by 10 opinions

The plaintiffs sued the defendant in a Justices’ Court of Montgomery county, for opening a gate on the plaintiffs’ land, and leaving it open, by means of which their crops, &c., were injured by cattle entering through the gateway. The defendant answered, among other matters, that the gate was erected across his, the defendant’s, private road, and that the-title thereto was in him, and he gave an undertaking with sureties as prescribed by §§ 55, 56, &c., of the Code.

Read the full summary

The plaintiffs sued the defendant in a Justices’ Court of Montgomery county, for opening a gate on the plaintiffs’ land, and leaving it open, by means of which their crops, &c., were injured by cattle entering through the gateway. The defendant answered, among other matters, that the gate was erected across his, the defendant’s, private road, and that the-title thereto was in him, and he gave an undertaking with sureties as prescribed by §§ 55, 56, &c., of the Code. The suit before the justice was thereupon discontinued, and the plaintiffs commenced a prosecution for the same cause in the…

1Opinion of the CourtDenio, J.

Jurisdiction is in terms conferred upon the County Courts, in such a case as this, by the 60th section of the Code; and the constitution declares that the County Court shall have such jurisdiction in cases arising in Justices’ Courts as the legislature may prescribe. (Art. 6, § 14.) The defendant’s point apparently is that the case was not one which arose in a Justices’ Court, and that considering it as an action originally commenced in the County Court, there was a want of. jurisdiction according to the case of Kundolph v. Thalheimer (2 Kern., 593). This court was called upon to give a…

2Cited by10 opinions

  1. James R. Hartley v. Sioux City and New Orleans Barge Lines, IncCourt of Appeals for the Third Circuit · 1967
  2. People ex rel. Smith v. PeaseNew York Supreme Court · 1860
  3. Niagara Falls Suspension Bridge Co. v. BachmanNew York Supreme Court · 1871
  4. In re the Estate of DobsonNew York Surrogate's Court · 1911
  5. Rundle v. GordonAppellate Division of the Supreme Court of the State of New York · 1898

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API