Legal Opinion

Luff v. Pope

New York Supreme Court

Decided July 15, 1843Published

Error to the superior court of the city of N. Y. Pope sued Luff in the marine court of the city of New-York, and declared in assumpsit; and, upon issue joined and trial had, there was judgment for the plaintiff for $66,97 besides costs. The defendant removed the proceedings by certiorari into the superior court, where, after the marine court had made two returns, the' defendant (plaintiff in error) assigned errors, and the. plaintiff (defendant in error) Joined in error.

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Error to the superior court of the city of N. Y. Pope sued Luff in the marine court of the city of New-York, and declared in assumpsit; and, upon issue joined and trial had, there was judgment for the plaintiff for $66,97 besides costs. The defendant removed the proceedings by certiorari into the superior court, where, after the marine court had made two returns, the' defendant (plaintiff in error) assigned errors, and the. plaintiff (defendant in error) Joined in error. After deliberation, the superior court, in March, 1841, ordered that the cause be remitted to the marine court for a new…

1Opinion of the Court

By the Court, Bronson, J.

There is a court held by an assistant justice in each of the wards of the city of New-York, and another court held by three justices, which was originally called the justices' court of the city of New-York. (2 R. L. 370, § 85, and page 381, § 105, 6.) The name of the last was afterwards changed to marine court. (Stat. 1819, p. 74.) The superior court of the city of New-York has the same jurisdiction by certiorari oyer the. marine court and the assistant justices, as was formerly exercised by this court. (Stat. 1828, p. 145, & 24.) There is a subsequent act, (Stat.…

2Cases cited1 opinion

  1. Harrison v. WilliamsonNew York Court of Chancery · 1835

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