Weisel v. Old Dominion Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martin P. Weisel, from an interlocutory judgment of the Municipal Court of the city of Hew York, borough of Kings, in favor of the defendant, sustaining the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Jenks, J.:
One question raised by the demurrer is whether the Municipal Court of the city of Hew York has jurisdiction of an action authorized by section 1391 of the Code of Civil Procedure, as amended by chapter 461 of the Laws of 1903, when the judgment was recovered in the Supreme Court. The Municipal Court has not jurisdiction of an action upon a judgment of the Supreme Court for the reason that its jurisdiction is extended only to an action upon a judgment rendered in any court not being a court of record. (Mun. Ct. Act [Laws of 1902, chap. 580], § 1, subd. 6.) I think that the action…
2Cases cited1 opinion
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
3Cited by5 opinions
- Keve v. Columbia Kid Hair Curlers Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Schneider v. Sachs Quality Stores, Inc.New York Supreme Court · 1958
- Swing v. KaufmanAppellate Terms of the Supreme Court of New York · 1909
- Wei v. Delaware & Hudson Co.New York Supreme Court · 1911
- Keve v. Columbia Kid Hair Curlers Mfg. Co.Appellate Division of the Supreme Court of the State of New York · 1913