Geraty v. . Reid
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, reversing a judgment of the County Court of Kings county, which reversed a judgment of a justice of the peace of the city of Brooklyn; and affirming the judgment of said justice. The summons in the action was served upon the defendant in the town of New Lots, outside of the city of Brooklyn. Defendant appeared and pleaded to the jurisdiction.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, reversing a judgment of the County Court of Kings county, which reversed a judgment of a justice of the peace of the city of Brooklyn; and affirming the judgment of said justice. The summons in the action was served upon the defendant in the town of New Lots, outside of the city of Brooklyn. Defendant appeared and pleaded to the jurisdiction. The justice overruled the plea and gave judgment for plaintiffs. The jurisdiction of the justice was confined to the city limits by section 35 of chapter…
1Opinion of the Court
Church, Ch. J.
The question involved in this case is whether the justice’s court of Brooklyn could have its process served outside of the city. It is claimed that justices of the city had the same authority as justices of the peace elected in towns to send process into an adjoining town. The court was organized under the Laws of 1849, chapter 125, section 15, by which it is provided that the common council of the city of Brooklyn may divide the said city into two or more districts, for each of which districts a justice of .the peace shall be elected for four years, “ who shall have the same,…
2Cases cited3 opinions
- Sill v. . the Village of CorningNew York Court of Appeals · 1857
- Brandon v. . AveryNew York Court of Appeals · 1860
- Waters v. LangdonNew York Supreme Court · 1863
3Cited by37 opinions
- The People Ex Rel. Sinkler v. . TerryNew York Court of Appeals · 1888
- People, Ex Rel. Smith v. . SchielleinNew York Court of Appeals · 1884
- Baird v. HelferAppellate Division of the Supreme Court of the State of New York · 1896
- People v. UpsonNew York Supreme Court · 1894
- Pierson v. FriesAppellate Division of the Supreme Court of the State of New York · 1896
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