Clapp v. Graves
New York Court of Common Pleas
Motion for leave to appeal to the Court of Appeals. There were two actions commenced in the Marine Court, where the plaintiffs had judgment. The defendant appealed to this court, where the judgments were affirmed. The defendant now applied, under section 11 of the Code, for leave to appeal to the Court oí Appeals.
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Motion for leave to appeal to the Court of Appeals. There were two actions commenced in the Marine Court, where the plaintiffs had judgment. The defendant appealed to this court, where the judgments were affirmed. The defendant now applied, under section 11 of the Code, for leave to appeal to the Court oí Appeals. The question raised upon the appeal was, whether the Marine Court could acquire jurisdiction of an action against a non-resident defendant who was proceeded against by long summons? It appeared that at the trial, and after‘this objection had been taken and overruled, the defendant…
1Per curiam
As the decisions of the general term of this court, in 1 E. D. Smith, 615, decided in December, 1852, and in Lighter v. Haskins, decided in November, 1849, are in direct conflict with a decision of the general term of the Supreme Court in Robinson v. West, (11 Barb. 309), decided in June, 1852, and overruling the decision of the general term of the Superior Court in same case, (1 Sandf. 19), we think that this is a proper case to go to the Court of Appeals.
Motion granted.
2Cases cited1 opinion
- Robinson v. WestNew York Supreme Court · 1851
3Cited by2 opinions
- Lynch v. SauerAppellate Terms of the Supreme Court of New York · 1896
- Cornelius v. ReiserNew York Court of Common Pleas · 1892