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