Scioldoni v. Republic Light, Heat & Power Co.

The Civil Practice Act, section 1474, subdivision 5, reads as follows: “ The plaintiff shall recover no costs or disbursements : * * * 5. In an action brought, triable in the Supreme Court or County Court of Erie county, which could have been brought, except for the amount claimed therein, in the City Court of Buffalo and in which the defendant shall have been served with process within the city of Buffalo, unless he shall recover two hundred and fifty dollars or more.”

At the time that act was passed the City Court of Buffalo had jurisdiction only within the city of Buffalo; that is, a…