Harris v. Clark
New York Supreme Court
Appeal from Onondaga county court. Action by Hebron Harris against Alfred F. Clark On a judgment. The case was tried before a justice of the peace, and judgment rendered for plaintiff for $27.20 and no costs. From a decision of the county court reversing such judgment, plaintiff appeals. Reversed.
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Appeal from Onondaga county court. Action by Hebron Harris against Alfred F. Clark On a judgment. The case was tried before a justice of the peace, and judgment rendered for plaintiff for $27.20 and no costs. From a decision of the county court reversing such judgment, plaintiff appeals. Reversed. Upon the return of the summons, “plaintiff complained on a judgment rendered by and before S. F. Belknap; J. P., * * * on the 23d day of June, 1891, for $27.02 damages and costs in favor of plaintiff herein, and against defendant herein, and asks judgment for $27.02 and interest from June 23,1891.”…
1Opinion of the CourtHardin, P. J.
Section 2862 of the Code of Civil Procedure confers upon justices of the peace jurisdiction of civil actions enumerated, and subdivision 6 thereof is as follows: “(6) An action upon a judgment rendered in a court of a justice of the peace, or in a district court of the city of New York, or in a justice’s court of a city, being a court not of record.” Presumptively the plaintiff’s action “upon a judgment rendered in a court of a justice of the peace, * * * being a court not of record,” was within the jurisdiction of the justice. Plaintiff-was entitled to bring an action upon such a judgment…
2Cases cited3 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Church v. Van BurenNew York Supreme Court · 1877
- Lyon v. ManlyNew York Supreme Court · 1859