Popfinger v. . Yutte
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon a.n order made at the Hovember term, modifying, and affirming as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon a.n order made at the Hovember term, modifying, and affirming as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 17 J. & S. 312.) This action was brought by plaintiff as judgment creditor of defendant Henry Yutte to have her judgment adjudged to be a lien upon certain premises known, as Ho. 189 Christie street in the city of Hew York, the title to which is in defendant Christine, wife of said Henry Yutte, on the ground…
1Opinion of the CourtRapallo, J.
We think that the Superior Court of the city of New York had jurisdiction of this case. By the Constitution of 1846, art. 14, § 12, the Superior Court was continued, until otherwise directed by the legislature, with its then present powers and jurisdiction.
Under the Code of Procedure the Superior Court of the city of New York had, within its territorial limits, general jurisdiction in equity co-equal with that of the Supreme Court. (Bowen v. Trustees, etc., Irish Presb. Congregation, 6 Bosw. 245 ; Porter v. Lord, 4 Duer, 682.)
This jurisdiction existed at the time of the adoption of article 6,…
2Cases cited1 opinion
- People Ex Rel. Ross v. . City of BrooklynNew York Court of Appeals · 1877
3Cited by36 opinions
- Badger v. HoidaleCourt of Appeals for the Eighth Circuit · 1937
- Mussen v. Ausable Granite WorksNew York Supreme Court · 1892
- Flynn v. Central RailroadNew York Court of Appeals · 1894
- Board of Public Instructions v. Board of County CommissionersSupreme Court of Florida · 1909
- Decker v. CanzoneriAppellate Division of the Supreme Court of the State of New York · 1939
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