King v. Poole
New York Supreme Court
APPEAL from a judgment of the county court of Kings county, upon a demurrer to the complaint. The decision of the court was that the defendant was “entitled to judgment on said issue, for his costs and disbursements, against the plaintiff.”
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APPEAL from a judgment of the county court of Kings county, upon a demurrer to the complaint. The decision of the court was that the defendant was “entitled to judgment on said issue, for his costs and disbursements, against the plaintiff.” The judgment was in this form : “ This action being at issue on the complaint of the plaintiff and the demurrer of the defendant thereto, and such issue having been duly tried by the court, and the decision thereon having been duly filed, whereby it appears that the defendant is entitled to judgment herein for costs against the plaintiff: on motion of…
1Opinion of the Court
By the Court,
Emott, J.
The plaintiff brought this action against the defendant, in the county court of Kings county, to recover damages for the wrongful detention and conversion of a watch. The defendant demurred, on the ground that the court had no jurisdiction of the subject of the action. The county court rendered a decision sustaining the demurrer, and awarding judgment for costs against the plaintiff. On this decision judgment was entered by the defendant for costs, and from that judgment the plaintiff has appealed to this court.
The judgment is insufficient, or incorrect in form. It *244merely…
2Cases cited3 opinions
- Striker v. MottNew York Supreme Court · 1831
- In re FergusonNew York Supreme Court · 1812
- Gormly v. McIntoshNew York Supreme Court · 1856
3Cited by21 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- Weigley v. Coffman, Pennsylvania Court of Common Pleas, Philadelphia County1891
- State ex rel. Mau v. AushermanWyoming Supreme Court · 1903
- Motor Co. v. . ReavesSupreme Court of North Carolina · 1922
- People v. DeweyNew York Supreme Court · 1898
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