Glackin v. Zeller
New York Supreme Court
THIS is an appeal from an order of the special term, which vacated a judgment in favor of the plaintiff for costs, and directed the clerk to adjust the costs of the defendant, and enter the same in the judgment roll; and that the plaintiff pay $10 costs- of the motion to the defendant.
Read the full summary
THIS is an appeal from an order of the special term, which vacated a judgment in favor of the plaintiff for costs, and directed the clerk to adjust the costs of the defendant, and enter the same in the judgment roll; and that the plaintiff pay $10 costs- of the motion to the defendant. The papers read on this appeal, and which were before the special term on the motion where the order appealed from was made, show the following state of facts: The plaintiff first brought an action in a justice’s court, in February, 1867, to recover for services as a journeyman blacksmith, performed within six…
1Opinion of the Court
By the Court, Potter, J.
On the trial of this identical cause of action, and the same defense to it, the justice adjudicated that the total of the accounts of both parties exceeded $400, and dismissed the case on the sole ground that he had no jurisdiction of the case, for the reason that. the total amount of the accounts of both parties exceeded $400. The 54th section of the Code, takes from a justice of the peace jurisdiction in such a case; and the 4th subdivision of this section invests the justice with the power *150of adjudicating this question; and fixes the time when he may decide it, to…
2Cases cited7 opinions
- White v. . CoatsworthNew York Court of Appeals · 1852
- Matteson v. BloomfieldNew York Supreme Court · 1833
- Stilwell v. StaplesThe Superior Court of New York City · 1856
- Crim v. CronkhiteNew York Supreme Court · 1857
- Thurman v. Fiske.New York Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jones v. McPhillipsSupreme Court of Alabama · 1886
- Flanders v. Town of MerrimacWisconsin Supreme Court · 1878
- Smith v. . RathbunNew York Court of Appeals · 1878
- Boston Mills v. EullThe Superior Court of New York City · 1869
- Levene v. HahnerAppellate Division of the Supreme Court of the State of New York · 1901
11 more not listed; retrieve them via the Exa API.