Legal Opinion

Barnum v. Seneca County Bank

New York Supreme Court

Decided February 15, 1851PublishedCited by 3 opinions

These are actions in which relief of an equitable character is sought. Before the adoption of the present constitution of this state, jurisdiction of these would have belonged to the Court of Chancery. They were noticed for trial by the defendants and put on the calendar at the last Erie county Circuit Court. The plaintiffs moved to put them over the circuit. These motions were opposed by the defendants, who moved that the complaints be dismissed unless the trial proceeded.

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These are actions in which relief of an equitable character is sought. Before the adoption of the present constitution of this state, jurisdiction of these would have belonged to the Court of Chancery. They were noticed for trial by the defendants and put on the calendar at the last Erie county Circuit Court. The plaintiffs moved to put them over the circuit. These motions were opposed by the defendants, who moved that the complaints be dismissed unless the trial proceeded. The judge holding the circuit, ordered the causes to go over upon certain specified conditions to he performed* by the…

1Opinion of the Court

Sill, Justice.

A general term of the Supreme Court, and a special term or circuit, stand to each other in the same relation which has ordinarily existed between courts of appellate and courts of original jurisdiction. It has always been understood to be the province of the court of appeal to determine for itself? of what cases and questions it has jurisdiction, and likewise how and when it was obtained. The exercise of this power by the appellate tribunal, would seem indispensable to a full and perfect enjoyment of the important right' of appeal.

The points presented here relate to the…

2Cited by3 opinions

  1. Manhattan Railway Co. v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896
  2. Hynes v. McCreeryNew York Surrogate's Court · 1882
  3. Morrison v. MorrisonNew York Supreme Court · 1879

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