Smith v. Silsbe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Southeast Building Company and others, from a judgment of the Municipal Court of the city of Mew York, borough of Brooklyn, fifth district, in favor of the plaintiff, rendered on the 1st day of February, 1900. Subdivision 14 of section 1364 of the charter of the city of Mew York, referred to in the opinion, provides that the Municipal Court of the city of Mew York shall have jurisdiction over “other civil actions or proceedings of which district…
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Appeal by the defendants, the Southeast Building Company and others, from a judgment of the Municipal Court of the city of Mew York, borough of Brooklyn, fifth district, in favor of the plaintiff, rendered on the 1st day of February, 1900. Subdivision 14 of section 1364 of the charter of the city of Mew York, referred to in the opinion, provides that the Municipal Court of the city of Mew York shall have jurisdiction over “other civil actions or proceedings of which district courts in the city of Mew York, or justices of the peace shall have jurisdiction on the thirty-first day of December,…
1Opinion of the Court
Hiksohbekg, J.:
The action is brought by a sub-contractor for the foreclosure of a mechanic’s lien against the contractor and owner and the sureties on a bond given to discharge the lien. The contractor made default, and the judgment appealed from is a money judgment only, rendered against the owner and the sureties. In Matter of Schultes (33 App. Div. 524) this court held that the provisions of section 1351 of the charter of the city of New York (Chap. 378, Laws of 1897) creating the Municipal Court, contemplated not a mere continuance of the District Courts of the former city of Mew York and…
2Cases cited2 opinions
- In re SchultesAppellate Division of the Supreme Court of the State of New York · 1898
- McConologue v. McCaffreyAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
- Kotzen v. NathansonNew York Supreme Court · 1900