Baker v. . Remington
New York Court of Appeals
This is an appeal from an order of the G-eneral Term of the Supreme Court in. the second judicial district, reversing an order of the city court of Brooklyn vacating and setting aside a judgment in this action, in favor of the plaintiffs, on the ground of fraud, in that the same was procured by false testimony as to a material issue on the part of the plaintiffs, and on the ground of excusable surprise; and for a new trial, on the ground of newly discovered evidence upon a…
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This is an appeal from an order of the G-eneral Term of the Supreme Court in. the second judicial district, reversing an order of the city court of Brooklyn vacating and setting aside a judgment in this action, in favor of the plaintiffs, on the ground of fraud, in that the same was procured by false testimony as to a material issue on the part of the plaintiffs, and on the ground of excusable surprise; and for a new trial, on the ground of newly discovered evidence upon a material issue. The remedy of the defendant is by action, and not by motion. (Farrington v. Bullard, 40 Barb., 512.) The…
1Opinion of the CourtAllen, J.
Whether the order of the, city court was properly reversed upon the merits need not be considered, if I am right in my views of the jurisdiction of the Supreme Court. The city court of Brooklyn as a court of civil jurisdiction is a court of record, with jurisdiction unlimited in amount. It possesses all the powers and authority in relation to actions, and the process and proceedings therein, as are possessed by the Supreme Court, and the practice of the Supreme Court is made applicable to and binding upon it. (Chap. 125 of Laws of 1849.) Appeals may be taken from any judgment or final…
2Cases cited1 opinion
- Thurber & Stevenson v. Townsend & WilburNew York Court of Appeals · 1860
3Cited by3 opinions
- White v. . BenjaminNew York Court of Appeals · 1896
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Gram v. Village of GreenbushNew York Supreme Court · 1888