Sperry v. Reynolds
New York Supreme Court
This action was brought before a justice of the peace. The summons was served by copy only. On the return day, the plaintiffs appeared in person. The defendant did not appear in person, but one Crandall appeared and answered for him as his attorney.
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This action was brought before a justice of the peace. The summons was served by copy only. On the return day, the plaintiffs appeared in person. The defendant did not appear in person, but one Crandall appeared and answered for him as his attorney. He did not prove his authority to appear for the defendant, and the plaintiffs did not expressly admit his authority to appear as attorney for the defendant, but allowed him to answer the complaint without objection; and then such attorney and the plaintiffs consented that the cause should be adjourned to a future day, and upon such consent the…
1DissentPotter, J.
It is conceded law, that inferior *412jurisdictions, like Justiees’ Courts, are confined strictly to the authority given them. They take nothing by implication, and must show the power expressly given, in every instance. Jurisdiction can always be inquired, into in their proceedings, directly or collaterally. They must not only have jurisdiction over the subject-matter of the proceeding, but must acquire jurisdiction over the person of a defendant, of whose person or property they take cognizance. Their proceeding would be void, though they obtained jurisdiction over the subject-matter, if they…
2Cases cited6 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Harrington v. PeopleNew York Supreme Court · 1849
- Fitch v. DevlinNew York Supreme Court · 1853
- Wright v. DouglassNew York Supreme Court · 1850
- Ackerman v. FinchNew York Supreme Court · 1836
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