Frees v. . Ford
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where a judgment rendered in favor of the plaintiff in the County Court of Columbia county, had been affirmed. This was an action of assumpsit, commenced by the filing and service of a declaration in the usual form, containing the common counts. The damages claimed were $200; but there was no allegation as to the residence of the defendant.
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Appeal from the general term of the Supreme Court, in the third district, where a judgment rendered in favor of the plaintiff in the County Court of Columbia county, had been affirmed. This was an action of assumpsit, commenced by the filing and service of a declaration in the usual form, containing the common counts. The damages claimed were $200; but there was no allegation as to the residence of the defendant. The defendant pleaded that the supreme court had exclusive jurisdiction of the cause of action, and that the same was not subject to the jurisdiction of the county court. The…
1Opinion of the Court
* Johnson, J.
— There is a ground on which this -* judgment ought to be reversed, leaving untouched the question of the constitutionality of the judiciary act, so far as it relates to the jurisdiction of the . county, courts. We ought not. to pass upon the ^ ^question - of. the constitutionality. of-.a statute, unless the determination of the point is' necessary to the determination of the cause. Indeed, we cannot, if we would, so pass upon it, as to render our decision efficient as authority, when there is another and clear ground on which our judgment may be supported.
The 30th section of the…
2Cases cited1 opinion
- Turner, Administrator of Stanley, in Error v. The President, Directors and Company of the Bank of North AmericaSupreme Court of the United States · 1799
3Cited by53 opinions
- People v. . BradnerNew York Court of Appeals · 1887
- Tyroler v. GummersbachAppellate Terms of the Supreme Court of New York · 1899
- Gilbert v. . YorkNew York Court of Appeals · 1888
- Dodge v. . CorneliusNew York Court of Appeals · 1901
- People ex rel. Rayland Realty Co. v. FaganAppellate Division of the Supreme Court of the State of New York · 1920
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