Albany Brewing Co. v. Barckley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, A. Page Smith, as receiver, etc., of Joseph Seeney, from a judgment of the County Court of Albany county in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 18th day of June, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 21st day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, A. Page Smith, as receiver, etc., of Joseph Seeney, from a judgment of the County Court of Albany county in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 18th day of June, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 21st day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes. In April, 1897, a liquor tax certificate was issued to one Joseph Seeney, who thereupon assigned the same to this plaintiff as…
1Opinion of the Court
Smith, J.:
This judgment must be reversed as beyond the power of the County Court to grant. The jurisdiction of that court is prescribed by statute. There is no statutory authority for a trial by the County Court of the issue which was here tried between the plaintiff and the defendant Smith, nor for the granting of any judgment upon such an issue. This want of jurisdiction is not cured by any proceeding on the part of the defendant Smith, as - a defendant is powerless, even by consent, to confer jurisdiction of the subject-matter in litigation upon a court of limited jurisdiction. It becomes…
2Cited by3 opinions
- Tierney v. Helvetia Swiss Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- Lopiano v. Telephone Co.New York Supreme Court · 1931
- Ertrachter v. Locust Building Co., New York County Courts1918