Ford v. Babcock
Court for the Trial of Impeachments and Correction of Errors
Demurrer to plea. Ford declared against Babcock in an action of trover for books, wearing apparel, &c. The defendant Babcock pleaded, 1. Not - guilty.; 2. That the plaintiff ought not to have or maintain, &c. because, &c. before the commencement of this suit, to wit, on, &c. the “ said defendant under and by virtue of the act to abolish- imprisonment for debt and to punish fraudulent debtors, passed April 26th, 1831, commenced a suit in the marine court of the city of…
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Demurrer to plea. Ford declared against Babcock in an action of trover for books, wearing apparel, &c. The defendant Babcock pleaded, 1. Not - guilty.; 2. That the plaintiff ought not to have or maintain, &c. because, &c. before the commencement of this suit, to wit, on, &c. the “ said defendant under and by virtue of the act to abolish- imprisonment for debt and to punish fraudulent debtors, passed April 26th, 1831, commenced a suit in the marine court of the city of New-York by a writ of attachment issued out of the said court against the goods, chattels and effects of the said plaintiff;”…
1Opinion of the Court
By the Court, Beardsley, J.
If the marine court of the city of New-York may proceed by attachment, (a point‘I have not looked at,) still this plea is palpably bad. That Court has but a special and limited jurisdiction, both as to cases and parties ; and whoever sets up its authority, in a case instituted by *159himself, must show that the case was one of which the court had complete jurisdiction. To this rule there is no exception. (Jones v. Reed, 1 John. Cas. 20 ; Service v. Hermance, 1 John. R. 91; Roosevelt v. Kellogg, 20 id. 208.)
This plea was not prepared upon any such principle, nor indeed…
2Cited by18 opinions
- Wightman v. KarsnerSupreme Court of Alabama · 1852
- State ex rel. Gordon v. HopkinsSupreme Court of Missouri · 1885
- Clark v. NortonSupreme Court of Minnesota · 1861
- Dick v. WilsonOregon Supreme Court · 1883
- Beaudrias v. HoganAppellate Division of the Supreme Court of the State of New York · 1897
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