Druckenmiller v. Shoninger
New York Court of Common Pleas
Appeal from special term. Action by Charles H.Druckenmiller against Bernard J. Shoninger, Charles Shoninger, and Aaron H. Moses, commenced in the district court in the city of New York for the fourth judicial district, to recover $250, and removed to the court of common pleas. The complaint in the latter court set up a cause of action to recover $700 damages for a wrongful dismissal from employment.
Read the full summary
Appeal from special term. Action by Charles H.Druckenmiller against Bernard J. Shoninger, Charles Shoninger, and Aaron H. Moses, commenced in the district court in the city of New York for the fourth judicial district, to recover $250, and removed to the court of common pleas. The complaint in the latter court set up a cause of action to recover $700 damages for a wrongful dismissal from employment. Defendants pleaded, first, a want of jurisdiction in the court over the cause of action in the complaint, because the action was begun in the district court, which had no jurisdiction thereof. To…
1Opinion of the CourtLarremore, C. J.
The order made by Judge Allen overruling plaintiff’s demurrer to the first defense pleaded in the answer must be affirmed, on the authority of Smith v. White, 23 N. Y. 572; Salter v. Parkhurst, 2 Daly, 240; Longrill v. Downey, 7 N. Y. Supp. 503. These cases were evidently considered by Judge Allen when he made such order, and they undoubtedly establish the principle that, when an action is originally brought in a district court, its permanent character must be determined by the declaration and the amount sued for in such court, though subsequently it be removed to this court. It might be said…
2Cases cited3 opinions
- Salter v. ParkhurstNew York Court of Common Pleas · 1867
- Smith v. . WhiteNew York Court of Appeals · 1861
- Longrill v. DowneySuperior Court of Buffalo · 1889
3Cited by3 opinions
- Warren v. CampbellNew York Court of Common Pleas · 1891
- Walker v. ScottNew York Court of Common Pleas · 1893
- Mattes v. PauseNew York Court of Common Pleas · 1892