Legal Opinion

Dake v. Miller

New York Supreme Court

Decided October 15, 1878Published

Appeal from a judgment in favor of the plaintiffs, entered •Upon the report of a referee, and from an order of the County Court of Livingston county denying a motion for a new trial, made upon a case and exceptions. This action was brought in the County Court of Livingston county to recover the balance due on an account for goods, etc., sold and delivered. There was no averment in the complaint that the defendant was a resident of the county.

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Appeal from a judgment in favor of the plaintiffs, entered •Upon the report of a referee, and from an order of the County Court of Livingston county denying a motion for a new trial, made upon a case and exceptions. This action was brought in the County Court of Livingston county to recover the balance due on an account for goods, etc., sold and delivered. There was no averment in the complaint that the defendant was a resident of the county. The defendant appeared and answered, ’admitting the copartnership of the plaintiff, setting up a countcr'claim, and denying all allegations in the…

1Opinion of the Court

Mullin, P. J.:

By section 15 of the judiciary article of the Constitution, adopted in 1869, the county courts have jurisdiction in all cases whore the defendants reside in the county, and in which the damages claimed do not exceed $1,000, and such other jurisdiction as the Legislature may from time to time confer.

In 1870 the Legislature enacted as follows: The county courts, in addition to the powers they now possess, shall have jurisdiction in civil cases when the relief demanded is the recovery of a sum not exceeding $1,000, and in which all the defendants are residents of the county in…

2Cases cited5 opinions

  1. Dudley v. . MayhewNew York Court of Appeals · 1849
  2. Frees v. . FordNew York Court of Appeals · 1852
  3. Heyer v. BurgerNew York Court of Chancery · 1839
  4. Clyde & Rose Plank Road Co. v. ParkerNew York Supreme Court · 1856
  5. Bucklin v. ChapinNew York Supreme Court · 1868

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