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
Upon a motion for re-argument the following opinion was handed down: On the argument of the motion to dismiss the appeal in this case no reference was made to section 22 of article 6 of the Constitution, and a motion for a re-argument is now made, on the ground that the omission was owing to excusable inadvertence of counsel, and that the court was thereby misled.
Section 22 of article 6 provides that "the legislature may authorize the judgments, decrees and decisions of any court of record of original civil jurisdiction established in a city, to be removed for review, directly into the Court…
2Cases cited4 opinions
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- Ford v. BabcockCourt for the Trial of Impeachments and Correction of Errors · 1845
- Croswell v. ByrnesNew York Supreme Court · 1812
- Acker v. CampbellNew York Supreme Court · 1840