Legal Opinion

Kamp v. . Kamp

New York Court of Appeals

Decided December 8, 1874PublishedCited by 143 opinions

1Opinion of the Court

The general rule is that a party cannot appeal from one judge to another of co-ordinate jurisdiction, by motion for relief, from an order or judgment against him, but must seek his remedy by appeal to a tribunal having appellate jurisdiction in the premises. But the question has usually arisen in cases where the court making the order has had jurisdiction of the subject-matter and of the person of the party against whom the order or judgment has passed. The reason of the rule, which is simply one of convenience, does not apply when the court is entirely without jurisdiction, and the whole…

2Cases cited4 opinions

  1. Fisher v. . HepburnNew York Court of Appeals · 1871
  2. Hoffman v. . HoffmanNew York Court of Appeals · 1871
  3. Latham v. EdgertonNew York Supreme Court · 1828
  4. Haggerty v. . People of the State of N.Y.New York Court of Appeals · 1873

3Cited by143 opinions

  1. Lynn v. LynnNew York Court of Appeals · 1951
  2. Lynde v. . LyndeNew York Court of Appeals · 1900
  3. Howell v. HowellCalifornia Supreme Court · 1894
  4. People v. . McLaughlinNew York Court of Appeals · 1896
  5. People Ex Rel. Commissioners of Public Charities & Correction v. CullenNew York Court of Appeals · 1897

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