Warren v. Campbell
New York Court of Common Pleas
Motions for leave to amend the returns of a justice of a district court on appeals from judgments of such court, and for rearguments of the appeals upon the returns so amended. Code Civil Proc.
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Motions for leave to amend the returns of a justice of a district court on appeals from judgments of such court, and for rearguments of the appeals upon the returns so amended. Code Civil Proc. N. Y. § 3216, provides that, in certain actions specified, brought in district courts of the city of New York, “the defendant may, after issue is joined, and before an adjournment has been granted upon his application, apply to the justice of the court in which the action is brought for an order removing the action into the court of common pleas for the city and county of New York;” that “such an order…
1Per curiam
When these appeals were reached for argument at the February general term it did not appear from the justice’s return that at the time *166of defendant’s application for the removal of the actions to this court for trial an adjournment had been had on the application of the defendants, and, in • the absence of an adjournment on such application, it was error for the trial justice to proceed, his jurisdiction being arrested by the application for removal, and for this error the judgment appealed from was directed to be reversed. This ruling was unquestionably correct. Code Civil Proc. § 3216;…
2Cases cited8 opinions
- Hogan v. DevlinNew York Court of Common Pleas · 1867
- Salter v. ParkhurstNew York Court of Common Pleas · 1867
- Krahner v. HeilmanNew York Court of Common Pleas · 1890
- Smith v. . WhiteNew York Court of Appeals · 1861
- Dinkel v. WehleNew York Court of Common Pleas · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tuttle v. GalliganAppellate Terms of the Supreme Court of New York · 1898
- People ex rel. Metropolitan Street Railway Co. v. RoeschNew York Supreme Court · 1899
- Monagan v. Lehigh Val. R. Co.New York Court of Common Pleas · 1895
- People ex rel. Goldstein v. BolteNew York Supreme Court · 1900
- Hermann v. Van BurenNew York Court of Common Pleas · 1895
1 more not listed; retrieve them via the Exa API.