Salter v. Parkhurst
New York Court of Common Pleas
This was an appeal from a judgment entered on the report of a referee in favor of the plaintiff. The action was commenced in the Sixth District Court, for goods sold and delivered after issue joined; the defendant filed the requisite bond, and the case was removed to the Court of Common Pleas. After removal, the parties pleaded anew, the plaintiff claiming for goods sold and delivered.
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This was an appeal from a judgment entered on the report of a referee in favor of the plaintiff. The action was commenced in the Sixth District Court, for goods sold and delivered after issue joined; the defendant filed the requisite bond, and the case was removed to the Court of Common Pleas. After removal, the parties pleaded anew, the plaintiff claiming for goods sold and delivered. The action was referred, and on the trial before the referee, plaintiff was allowed to prove, under defendant’s exception, that at the time of the sale and delivery of the goods, defendant, although a married…
1Opinion of the CourtBrady, J.
The District Courts of this city have not jurisdiction of action brought to charge the separate estate of a married woman for a debt contracted by her with reference to that estate, and an action brought in such a court cannot, after removal to this court, be changed in its character by this court, or by á referee. Whatever opinion may have been entertained on this subject prior to that decision, I think the case of Smith v. White (23 N. Y. Rep. 572) determines that the issues created by the pleadings in the court below, are those to be tried on its removal to this court, and that it…
2Cases cited2 opinions
- Esterly v. . ColeNew York Court of Appeals · 1850
- Smith v. . WhiteNew York Court of Appeals · 1861
3Cited by8 opinions
- Warren v. CampbellNew York Court of Common Pleas · 1891
- Druckenmiller v. ShoningerNew York Court of Common Pleas · 1890
- Ferree v. EllsworthNew York Court of Common Pleas · 1892
- Kraus v. SmolenAppellate Terms of the Supreme Court of New York · 1905
- Walker v. ScottNew York Court of Common Pleas · 1893
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