Legal Opinion

Mitchell v. Schroeder

Appellate Terms of the Supreme Court of New York

Decided March 15, 1916PublishedCited by 23 opinions

Appeal by' the defendant from an order of the Municipal Court, borough of Manhattan, fifth district, denying a motion to vacate an order for the examination of the defendant before trial.

1Opinion of the CourtLehman, J.

The defendant appeals from an order denying his motion to vacate an order of examination *272made by a justice of the Municipal Court. The Municipal Court has been made by the legislature a “ court of record ’ ’ but it was and still remains a court of limited jurisdiction and has those powers, and those powers only, which have been conferred upon it by the legislature, expressly or by fair implication. The same statute which determines the jurisdiction of the Municipal Court also determines the jurisdiction of this court on appeals from the Municipal Court. That statute nowhere specifically…

2Cases cited2 opinions

  1. Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
  2. Lewkowicz v. . Queen Aeroplane Co.New York Court of Appeals · 1913

3Cited by23 opinions

  1. Trustees of Masonic Hall & Asylum Fund v. FontanaAppellate Terms of the Supreme Court of New York · 1917
  2. Denton v. DentonNew York Family Court · 1942
  3. Mitchell v. SchroederAppellate Division of the Supreme Court of the State of New York · 1916
  4. In re the Estate of PequenoNew York Surrogate's Court · 1941
  5. In re the Estate of SimeoneNew York Surrogate's Court · 1931

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