Elmira Realty Co. v. Gibson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Judson A. Gibson and others, from a judgment of the County Court of Chemung county in favor of the plaintiff, entered in the office of the cleric of the county of Chemung, affirming a judgment of the City Court of Elmira.
1Opinion of the Court
Per Curiam :
Upon this appeal the certificate of the county judge is presented to the effect that he is related within the sixth degree to one of the defendants herein. This relationship renders absolutely void the judgment appealed from. (See Code Civ. Proc. § 46.) The appellants aslt for a reversal of the judgment upon this ground; the respondent for a dismissal of the appeal.
It has been held in cases where the court from which the appeal has been taken has no jurisdiction of the subject-matter of the action that the appellate court has jurisdiction to reverse the judgment. (McMahon v.…
2Cases cited4 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Matthews v. NobleNew York Supreme Court · 1898
3Cited by5 opinions
- People ex rel. Union Bag & Paper Corp. v. GilbertNew York Supreme Court · 1932
- People v. Thayer, New York County Courts1908
- Moers v. GilbertNew York Supreme Court · 1941
- Loeb v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1933
- Warden v. GoldmanAppellate Terms of the Supreme Court of New York · 1914