Henneke v. Schmidt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Henneke, from a judgment of the County Court of the county of Kings, entered in the office of the clerk of said county oh the éth.day of March,-1907, upon the dismissal of the complaint at the opening of the case upon the ground that the court had no jurisdiction. ■
1Opinion of the Court
Gaynor, J.:
The County Court is of limited jurisdiction, and is therefore not within the rule that the jurisdiction of. courts of general jurisdiction is presumed. It has jurisdiction of-an action to recover money where the defendant resides in the county and the sum demanded does not exceed - $2,000 (State Const. art. 6, sec. 14). It can no longer be gainsaid that it is necessary that the- complaint in such a,n action should allege that the defendant is a-resident of the county in order to state a cause of action of which the court has jurisdiction (Gilbert v. York, 111 N. Y. 544). The…
2Cases cited1 opinion
- Gilbert v. . YorkNew York Court of Appeals · 1888
3Cited by5 opinions
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1909
- Plotnitsky v. PlotnitskyAppellate Court of Illinois · 1926
- Dulso v. DulsoAppellate Division of the Supreme Court of the State of New York · 1915
- Martens v. Fernandez, New York County Courts1949
- Miller v. KatzCity of New York Municipal Court · 1932