Davis v. Hudson
New York Court of Common Pleas
Appeal from a judgment rendered by a justice of a district court of the city of New York, in a case of summary proceedings. In this case the plaintiff commenced summary proceedings before a justice of the district court of the city of New York for the first district of this city, to obtain possession, of a house and lot on Broadway. The justice gave judgment for the defendant.
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Appeal from a judgment rendered by a justice of a district court of the city of New York, in a case of summary proceedings. In this case the plaintiff commenced summary proceedings before a justice of the district court of the city of New York for the first district of this city, to obtain possession, of a house and lot on Broadway. The justice gave judgment for the defendant. The plaintiff appealed to the Common Pleas from such judgment : on the hearing of the appeal, the respondent objected to the jurisdiction of the court.
1Opinion of the Court
Ingraham, F. J.
This proceeding was taken under the statute relative to summary proceedings, for the recovery of the possession of land in the city of New York. It was commenced before the justice of the District Court for the First District. The judgment below was for the defendant, and an appeal is taken to this court.
A preliminary objection has been taken to the jurisdiction of this court over any such appeals.
There is no doubt that prior to the act of 1854, declaring and enlarging the jurisdiction of the Common Pleas, no appeal could be entertained by this court. The only remedy for the…
2Cited by1 opinion
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