People ex rel. Bendon v. County Judge of Rensselaer
New York Supreme Court
Motion for mandamus. On the 18th of January, 1854, the justices’ court of the city of Troy rendered two judgments against the relator, one for $53.67, in favor of Horace Chappill, and the other for $38.69, in favor of Charles H. Cutting. Each of these judgments was rendered in pursuance of the provisions of the mechanics’ lien law. (See Sess.
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Motion for mandamus. On the 18th of January, 1854, the justices’ court of the city of Troy rendered two judgments against the relator, one for $53.67, in favor of Horace Chappill, and the other for $38.69, in favor of Charles H. Cutting. Each of these judgments was rendered in pursuance of the provisions of the mechanics’ lien law. (See Sess. Laws of 1852, p. 611; id. 1853, p. 809.) The claim of the plaintiff, in each suit, was for work and labor done for one Jackson, upon a house which Jackson was building for the relator, under a contract. The plaintiffs severally served upon the relator a…
1Opinion of the Court
Harris, Justice.
By the second subdivision of the 30th section of the Code, exclusive power is conferred on the county court to review, in the first instance, judgments rendered by a justice’s court in civil actions. The 351st section of the Code repeals all statutes then in force, providing for the review of judgments in civil cases rendered by justices’ courts, and declares that, thereafter, the only mode of reviewing such judgments shall be an appeal as prescribed .in that chapter. The appellate jurisdiction of the county court, therefore, embraces all judgments rendered by a justice’s…
2Cited by5 opinions
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- Barnard & Lease Manufacturing Co. v. Monett Milling Co.Missouri Court of Appeals · 1899
- Bernstein v. SchoenfeldNew York Supreme Court · 1902
- Willey v. ShaverNew York Supreme Court · 1873