Avery v. Woodbeck
New York Supreme Court
THE plaintiff, Avery, obtained a judgment against the defendant, Woodbeck, before G-. W. Garrison, Esq., a justice of the peace of Greene county, for $35. There was no appearance by Woodbeck, in the case, before the justice. The defendant appealed from the judgment of the justice, to the county court of Greene county, which court affirmed the judgment, and Woodbeck appealed to this court.
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THE plaintiff, Avery, obtained a judgment against the defendant, Woodbeck, before G-. W. Garrison, Esq., a justice of the peace of Greene county, for $35. There was no appearance by Woodbeck, in the case, before the justice. The defendant appealed from the judgment of the justice, to the county court of Greene county, which court affirmed the judgment, and Woodbeck appealed to this court. The defendant, in his notice of appeal, assigned the following as the only grounds of error upon which the appeal was founded, viz: “ First. The said justice erroneously allowed, admitted and received…
1Opinion of the CourtP. Potter, J.
1. It is too well settled to admit of discussion, that where the return of the justice shows that he had not jurisdiction, his judgment would be a nullity. Ho authority need be cited, to sustain this proposition. The proposition applies to all inferior jurisdictions.
2. Where the want of jurisdiction is made a ground of error, and notice thereof is given to the justice, calling for his return to show the means by which he acquired juris*559diction, the failure in the return to show it, would doubtless be good cause to reverse his judgment.
But neither of these cases are now presented for our…
2Cases cited2 opinions
- United States v. BabbitSupreme Court of the United States · 1862
- Cole v. BellNew York Supreme Court · 1866
3Cited by4 opinions
- Vaill v. McPhailSupreme Court of Rhode Island · 1912
- In re Davis' EstateNew York Supreme Court · 1895
- Slingerland v. BronkNew York Supreme Court · 1874
- Delong v. BrainardNew York Supreme Court · 1873