Legal Opinion
Ballon v. Riti
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1933PublishedCited by 2 opinions
1Per curiam
The basis of the claim that the City Court of Yonkers has power to issue its subpoena for service outside of the county is section 4 of title 1 of chapter 416 of the Laws of 1893. This act was unconstitutional.
*545By the Constitution of 1846 (Art. VI, § 14), as amended in 1869 (Art. VI, § 19), the Legislature was empowered to establish inferior courts with criminal and civil jurisdiction. Under that grant the exercise of jurisdiction of the inferior court was limited to the locality in which it was lawfully established, and its processes could not be executed outside of that jurisdiction. (Geraty…
2Cases cited5 opinions
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- Geraty v. . ReidNew York Court of Appeals · 1879
- Rockwell v. RaymondYonkers City Court · 1889
- Lowther v. LowtherAppellate Division of the Supreme Court of the State of New York · 1906
- Yorks v. PeckNew York Supreme Court · 1860
3Cited by2 opinions
- Ballon v. RitiAppellate Division of the Supreme Court of the State of New York · 1933
- Dioguardi v. John Hancock Mutual Life Insurance Co. of BostonAppellate Division of the Supreme Court of the State of New York · 1937