Avery v. Woodbeck
New York Supreme Court
Appeal by defendant from an order of the County Court, affirming a judgment below in favor of the plaintiff. The plaintiff, Avery, obtained a judgment against the defendant, Woodbeck, before G. W. Garrison, Esq., a justice of the pea.ee of Greene county,, for thirty-five dollars.
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Appeal by defendant from an order of the County Court, affirming a judgment below in favor of the plaintiff. The plaintiff, Avery, obtained a judgment against the defendant, Woodbeck, before G. W. Garrison, Esq., a justice of the pea.ee of Greene county,, for thirty-five dollars. There was no appearance by defendant, Woodbeck, in the case Refere the justice. ? The defendant appealed from the judgment before the justice to the County Court of Greene county, and the appeal was heard, and the judgment affirmed by the County Court. The defendant, in his notice of appeal, assigned the following as…
1Opinion of the CourtPotter, J.
First. It is too well settled to admit of discussion, that, where the return of the justice shows that he had not jurisdiction, his judgment would be a nullity. No authority can be cited to sustain this proposition. This proposition applies to all inferior jurisdictions. 2d. Where the want of jurisdiction is made a ground of error, and notice thereof is given to the justice, calling for him to show the means by which he acquired jurisdiction, the failure in the return to show it, would doubtless be good cause to reverse his judgment. But neither of these cases are now presented for our…
2Cases cited3 opinions
- United States v. BabbitSupreme Court of the United States · 1862
- Barber v. WinslowNew York Supreme Court · 1834
- Cole v. BellNew York Supreme Court · 1866
3Cited by1 opinion
- Saunders v. TownsendNew York Supreme Court · 1882