Baldwin v. Roberts
New York Supreme Court
Appeal from a judgment of the County Court of Chemung county reversing a judgment of a justice of the peace. This action was commenced in a Justice’s Court by personal service of the summons on the defendant on the 19th day of January, 1881. On the return day plaintiff complained on a justice’s judgment between the same parties.
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Appeal from a judgment of the County Court of Chemung county reversing a judgment of a justice of the peace. This action was commenced in a Justice’s Court by personal service of the summons on the defendant on the 19th day of January, 1881. On the return day plaintiff complained on a justice’s judgment between the same parties. The defendant claimed that the court had no jurisdiction for the reason that the judgment sued on was a judgment of a court of record, and that leave of the court to bring the action had not been obtained. The plaintiff was sworn and admitted that he had filed a…
1Opinion of the Court
Boardman, J.:
In the County Court it was conceded that the plaintiff ought not to have recovered, if the judgment of the justice sued upon had been made a judgment of the County Court by the filing of a transcript, because no leave of the County Court had been given. The only question presented to the County Court was the sufficiency of the evidence of the filing of a transcript in the county clerk’s office, so as to make the judgment one of the County Court. We agree with the learned county judge in his opinion on that subject. The evidence given by plaintiff was within the issue and in the…
2Cases cited3 opinions
- Hartwell v. RootNew York Supreme Court · 1822
- Leland v. . CameronNew York Court of Appeals · 1865
- Kincaid v. RichardsonOneida County Court · 1881