Sarsfield v. Van Vaughner
New York Supreme Court
Appeal from an order dismissing the complaint. This action, by Patrick Sarsfield against George W. Van Vaughner and Elizabeth Greer, was in the nature of a creditor’s bill. The judgment against Van Vaughner, on which this action was founded, was paid with the exception of a balance of $31.02. Mr. Justice Gierke dismissed the complaint on motion of defendants, on the ground that the matter in dispute did not exceed fifty dollars. The plaintiff appealed.
1Opinion of the Court
By the Court.—Leonard, J.
The Constitution of 1846 and. the Code of Procedure have, by necessary implication, abolished every limitation in respect to the amount in controversy theretofore required to give jurisdiction in actions of an equitable nature, formerly entertained only in the Court of Chancery.. (Giles a. Lyon, 4 N. Y., 600; Cobine a. St. John, 12 How. Pr., 333; Coon a. Brook, 21 Barb., 546 ; Mallory a. Norton,. Ib., 424.)
No rule was revived by the repeal of section 37, article 2,. *66title 2, chapter 1, of the Revised Statutes, in relation to the jurisdiction of the Court of Chancery…
2Cases cited3 opinions
- Coon v. BrookNew York Supreme Court · 1856
- Cobine v. St. JohnNew York Supreme Court · 1856
- Giles v. . LyonNew York Court of Appeals · 1851
3Cited by1 opinion
- Maders v. WhallonNew York Supreme Court · 1893