Price v. Grant
New York Court of Common Pleas
Appeal from district court. Action by Moses Price against Hugh J. Grant, sheriff of the city and county of New York, to recover possession of certain personal property. Defendant interposed a demurrer that the court had no jurisdiction of the actian, for that it was against a county officer. From the judgment of the court sustaining the demurrer and dismissing the complaint plaintiff appeals. Code Civil Proc.
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Appeal from district court. Action by Moses Price against Hugh J. Grant, sheriff of the city and county of New York, to recover possession of certain personal property. Defendant interposed a demurrer that the court had no jurisdiction of the actian, for that it was against a county officer. From the judgment of the court sustaining the demurrer and dismissing the complaint plaintiff appeals. Code Civil Proc. H. Y. § 3215, provides that each district court of the city of New York has jurisdiction of an action in which a justice of the peace has jurisdiction, “as prescribed in sections 1737,…
1Per curiam
An action to recover a chattel falls within the denomination of actions cognizable in a district court, and therefore the court below had jurisdiction of this action unless some statute deprives district courts of jurisdiction in cases in which the sheriff is a party. It was the duty of the defendant to point out the statute that thus limits the jurisdiction of those eouits in actions for a chattel. There is no doubt that a district court has only such jurisdiction as is conferred by statute, (section 3215, Code Civil Proc.,) nor is there any doubt that there are certain classes of cases over…
2Cases cited1 opinion
- Jansen v. StoutenberghNew York Supreme Court · 1812