Walker v. Scott
New York Court of Common Pleas
Action by Samuel T. Walker against Mary A. Scott. Plaintiff moves to strike out the answer. The action was commenced in the district court in' the city of New York for the ninth judicial district. The pleadings were oral. The complaint was for $162 commissions on the exchange of real estate, and the answer was a general denial and a counterclaim for $100. On-the defendant’s application the case was removed to this court.
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Action by Samuel T. Walker against Mary A. Scott. Plaintiff moves to strike out the answer. The action was commenced in the district court in' the city of New York for the ninth judicial district. The pleadings were oral. The complaint was for $162 commissions on the exchange of real estate, and the answer was a general denial and a counterclaim for $100. On-the defendant’s application the case was removed to this court. Under rn order that the pleadings be in writing, a sworn complaint was served. The written answer of the defendant admits that the plaintiff was the broker through whom the…
1Opinion of the CourtGIEGrERICH, J.
The rule that the issues created by the pleadings in an action commenced in one of the district courts in this city are those to be tried on its removal to this court (Smith v. White, 23 N. Y. 572; Salter v. Parkhurst, 2 Daly, 240; Druckenmiller v. Shoninger, [Com. Pl. N. Y.] 8 N. Y. Supp. 482,) is subject to the qualification that the action so removed “continues in all respects to be an action in a district court, the trial of which is to be had in this court,” (Salter v. Parkhurst, supra, per Brady, J.; Latteman v. Fere, 11 Civil Proc. R. 217-222, Bookstaver, J.) As was well said by…
2Cases cited4 opinions
- Salter v. ParkhurstNew York Court of Common Pleas · 1867
- Smith v. . WhiteNew York Court of Appeals · 1861
- Druckenmiller v. ShoningerNew York Court of Common Pleas · 1890
- Ludwig v. MinotNew York Court of Common Pleas · 1873
3Cited by3 opinions
- Myers v. RosenbackNew York Court of Common Pleas · 1894
- Halloran v. Coney Island Jockey ClubCity of New York Municipal Court · 1902
- Oakes v. HighNew York Court of Common Pleas · 1895