Arnold v. . Rees
New York Court of Appeals
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…
1Opinion of the Court
The constitution (art. 6, § 14) provides that "the County Court shall have jurisdiction in cases arising in justices' courts and in special cases as the legislature may prescribe, but shall have no original civil jurisdiction except in such special cases." Another clause in the same section declares that "the legislature may confer equity jurisdiction in special cases upon the county judge." Acting upon these provisions, the legislature has attempted to confer upon the County Courts of this state original civil jurisdiction in various specified or enumerated cases, embracing in the number the…
2Cases cited1 opinion
- Doubleday v. . Heath and OthersNew York Court of Appeals · 1857
3Cited by6 opinions
- People ex rel. Smith v. PeaseNew York Supreme Court · 1860
- McNiel v. BorlandCalifornia Supreme Court · 1863
- Ricks v. ReedCalifornia Supreme Court · 1862
- The People v. . MainNew York Court of Appeals · 1859
- Howard Iron Works v. Buffalo Elevating Co.Appellate Division of the Supreme Court of the State of New York · 1903
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