Frost v. Kopp
City of New York Municipal Court
An action was commenced in one of the district courts by Pauline Kopp, one of the defendants herein, against the plaintiff for the claim and delivery of a piano of the value of $200. _ The plaintiff in that action gave the usual undertaking, in which the defendants “jointly and severally undertake, pursuant to the statute in such case made and provided for the prosecution of the action, in the sum of $400, for the return of said chattel to the defendant, if possession…
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An action was commenced in one of the district courts by Pauline Kopp, one of the defendants herein, against the plaintiff for the claim and delivery of a piano of the value of $200. _ The plaintiff in that action gave the usual undertaking, in which the defendants “jointly and severally undertake, pursuant to the statute in such case made and provided for the prosecution of the action, in the sum of $400, for the return of said chattel to the defendant, if possession thereof is adjudged to him, or if the action abates or is discontinued before the chattel is returned to the defendant, and…
1Opinion of the CourtMcAdam, C. J.
An action abates when it it defeated or fails, and the legal power to continue it has terminated. All jurisdiction over the district court action terminated on the failure of the justice to decide the cause within eight days after it was finally submitted to him for decision. *708Consol. Act of 1882, § 1384; 4 Den., 72; 4 E. D. S., 279; 1 Hilt., 300; 1 Daly, 485; 4 Abb. N. C., 187. The action failed and the power to continue it terminated. The plaintiff did not succeed in obtaining a recovery and in this sense she was defeated in the purpose of her action. The action, therefore, abated within the…
2Cases cited6 opinions
- Bloomer v. MerrillNew York Court of Common Pleas · 1865
- Beale v. HayesThe Superior Court of New York City · 1852
- Dalton v. LoughlinNew York Court of Common Pleas · 1877
- Evarts v. . KiehlNew York Court of Appeals · 1886
- Wiseman v. Panama R. R.New York Court of Common Pleas · 1857
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