Kleiner v. Fidelity & Deposit Co. of Maryland
New York Supreme Court
Action on undertaMng given on appeal to the Appellate Division in an action wherein the plaintiff had recovered judgment against the Third Avenue Railroad Company.
1Opinion of the CourtMcAdam, J.
It might be deemed presumptuous for a court, at Trial Term, to inquire into whether the Court of Appeals possessed the jurisdiction it assumed in a given case were it not for the fact that “ It is no new feature in the law that inferior magistrates may, when thereunto called, sit in judgment upon the jurisdiction of the highest courts, when their process or judgments come collaterally before them.” People ex rel. Tweed v. Liscomb, 60 N. Y. 568. In this instance it becomes necessary to pass upon the validity of a judgment rendered by the Court of Appeals which is attacked for want of…
2Cases cited10 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Hall v. JackCourt of Appeals of Maryland · 1870
- Wilmore v. . FlackNew York Court of Appeals · 1884
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