Hutkoff v. . Demorest
New York Court of Appeals
These were motions to dismiss appeals from judgments of the G-eneral Term of the City Court of New York, on the ground, among others, that the provision of the act (Chap. 418, Laws of 1886) declaring that the .City Court of New York shall be deemed a superior city court, and thereby authorizing an appeal direct from its judgment to the Court of Appeals, is unconstitutional. The Court of Appeals may lawfully take the jurisdiction the act (Laws of 1886, chap. 418) confers.
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These were motions to dismiss appeals from judgments of the G-eneral Term of the City Court of New York, on the ground, among others, that the provision of the act (Chap. 418, Laws of 1886) declaring that the .City Court of New York shall be deemed a superior city court, and thereby authorizing an appeal direct from its judgment to the Court of Appeals, is unconstitutional. The Court of Appeals may lawfully take the jurisdiction the act (Laws of 1886, chap. 418) confers. (Const., art. 6, § 6; Butterfield v. Raddle, 58 N. Y. 490; People v. Gardner, 45 id. 812; Same v. Norton, 59 Barb. 169; De…
1Opinion of the Court
Article 6 of the Constitution of the State, was adopted by the people at the November election in 1869, and declared adopted by the board of State canvassers, December 6, 1869. One of its provisions was, that the Superior Court of the city of New York, and the Court of Common Pleas of the city and county of New York, the Superior Court of Buffalo and the City Court of Brooklyn, were continued with the powers and jurisdiction they then severally had, and such further civil and criminal jurisdiction as might be conferred by law. (Art. 6, § 12.)
In the case of Popfinger v. Yutte (102 N.Y. 38) we…
2Cases cited1 opinion
- Popfinger v. . YutteNew York Court of Appeals · 1886
3Cited by12 opinions
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- Lewkowicz v. Queen Aeroplane Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Ex parte GinnochioCourt of Appeals of Texas · 1891
- Rockwell v. RaymondYonkers City Court · 1889
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