Dale v. Prentice
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William A. Prentice, from a judgment of the Wyoming County Court, entered in the office of the clerk of said county on the 11th day of November, 1907, which reversed a judgment of the Justice’s Court dismissing the plaintiff’s action.
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Appeal by the defendant, William A. Prentice, from a judgment of the Wyoming County Court, entered in the office of the clerk of said county on the 11th day of November, 1907, which reversed a judgment of the Justice’s Court dismissing the plaintiff’s action. The action was commenced before a justice of the peace of the town of Cenesee Falls, Wyoming county, on the 4th day of January, 1907, by service of a summons in that town upon the defendant to recover for work, labor and services and for goods sold and delivered.- The sum total of the accounts of both parties as appeared by the…
1Opinion of the Court
McLennan, P. J.:
A justice of the peace has no authority to determine that the total amount of the accounts of a plaintiff and defendant, parties to an action brought before him, exceeds the sum of $400, and that, therefore, he has no jurisdiction of the action under subdivision 4 of section 2863 of the Code of Civil Procedure, except upon proof to his satisfaction of that fact. Such is the plain language of the section.
In the case at bar the plaintiff alleged, in substance, that the defendant ivas indebted to him upon an account in the sum of $200, and demanded judgment for that amount,…
2Cases cited3 opinions
- Glackin v. ZellerNew York Supreme Court · 1868
- Bartlett v. MugettNew York Supreme Court · 1894
- Dodd v. EckerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Gigliotti v. JacksinaAppellate Division of the Supreme Court of the State of New York · 1923