Legal Opinion · Dissent

Arnold v. . Rees

New York Court of Appeals

Decided September 5, 1858Published

Appeal from the Supreme Court. The action was for the rent of premises, in the city of Brooklyn, occupied by the defendant under a lease in writing.

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Appeal from the Supreme Court. The action was for the rent of premises, in the city of Brooklyn, occupied by the defendant under a lease in writing. The answer admitted the agreement to pay the rent, but averred that at the time of making the lease the demised premises were subject to a mortgage, which, during the term, was foreclosed by action in the County Court of Kings county, a sale had under the judgment of the court, at which one Blake became the purchaser, and, having perfected his title under the foreclosure, the defendant attorned to him and paid him the rent. The plaintiff demurred…

1Dissent

The debates of the convention show, what is still within the recollection of those who were familiar with the proceedings of that body, that upon no one subject relating to the structure of the judiciary system was there a greater diversity of views and opinions than upon the question whether county courts should be established, and, if so, what should be the extent of their jurisdiction. It having been determined by a majority of delegates that such courts should form a part of the scheme to be proposed, one class of delegates were in favor of confining the power of these courts within very…

2Cases cited3 opinions

  1. Beecher v. AllenNew York Supreme Court · 1849
  2. Doubleday v. . Heath and OthersNew York Court of Appeals · 1857
  3. Hall v. NelsonNew York Supreme Court · 1856

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