Wiseman v. Panama R. R.
New York Court of Common Pleas
Appeal by defendants from a judgment of the Third District Court. This action was brought to recover for work and labor performed by the plaintiff for the defendants. Judgment was rendered for the plaintiff for $100. The facts are stated in the opinion of the court.
1Opinion of the Court
INGRAHAM, En:st Judge. —
This action was tried before the justice on the 26th September, and the judgment was not rendered until the 6th October, being ten days between the judgment and the trial. By the statute, the justice is required to render judgment within four days. 2 R. L. p. 370, § 87. This delay beyond the four days has been repeatedly held to deprive the justice of jurisdiction, and the judgment is therefore a nullity. Watson v. Davis, 19 Wend. 371. And we have repeatedly so held in this court.
The justice returns that it ivas agreed by the attorney's that judgment should be entered…
2Cases cited1 opinion
- Watson v. DavisNew York Supreme Court · 1838
3Cited by6 opinions
- Rivera Martínez v. Corte de Distrito de San JuanSupreme Court of Puerto Rico · 1929
- Frost v. KoppCity of New York Municipal Court · 1887
- Gillilan v. SprattNew York Court of Common Pleas · 1871
- Gillingham v. JenkinsNew York Supreme Court · 1886
- Mayer v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1899
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