Wear v. Truitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank H. Truitt, as mayor, and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 1st day of February, 1916, overruling a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Howard, J.:
Under the charter of the city of Binghamton, prior to January 1, 1908, the criminal jurisdiction of the city was administered by a recorder who presided over a Recorder’s Court. (Laws of 1888, chap. 214, tit. 4, §§ 3-5, as amd. by Laws of 1897, chap. 717.) The civil jurisdiction was, by separate act, vested in a City Court. (Laws of 1899, chap. 337, as amd. by Laws of 1902, chap. 532.) By chapter 751 of the Laws of 1907, which was a complete revision of the charter of the city of Binghamton, the office of recorder was abolished and the two courts were practically merged in one. (§…
2Cited by3 opinions
- People ex rel. Kipper v. EllingerAppellate Division of the Supreme Court of the State of New York · 1934
- Gambino v. City of PeekskillAppellate Division of the Supreme Court of the State of New York · 1945
- People v. Sansone, New York County Courts1933