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Frees v. Ford

Court of Appeals of the State of New York
Apr 1, 1852
6 N.Y. 176 (N.Y. 1852)

Summary

In Frees v. Ford (6 N.Y. 176) it was held that County Courts organized under the Constitution of 1846, are courts of special and limited jurisdiction, whose jurisdiction must appear on the face of their judgments, and will not be presumed.

Summary of this case from People v. Bradner

Opinion

April Term, 1852

James Edwards, for the appellants. H. Hogeboom, for respondents.


There is a ground on which these judgments ought to be reversed, leaving untouched the question of the constitutionality of the judiciary act so far as it relates to the jurisdiction of the county courts. We ought not to pass upon the question of the constitutionality of a statute, unless the determination of the point is necessary to the determination of the cause. Indeed we cannot if we would, so pass upon it as to render our decision efficient as authority, when there is another and clear ground on which our judgment may be supported.

The 30 th section of the judiciary act provides, that the county courts shall have jurisdiction "to hear, try and determine according "to law, the following actions when all of the defendants at the time "of commencing the action reside in the county in which said court "is held; actions of debt, assumpsit and covenant, when the debt "or damages claimed shall not exceed two thousand dollars," c. This county court is not a court of general jurisdiction, as was the old court of common pleas; on the contrary, it is a new court with a limited statutory jurisdiction. To all such courts the rule universally applies, that their jurisdiction must appear upon the record. ( Turner, adm'r, v. The Bank of North America, 4 Dallas, 8.) In these cases it does not appear upon the records that the defendants were, at the time when the suits were commenced, residents of the county of Columbia. This being a jurisdictional fact, and not averred upon the records, the judgments must be reversed.

RUGGLES, Ch. J., and GRIDLEY, GARDINER and JEWETT, Js., concurred in the foregoing opinion.

WELLES, J. delivered a written opinion in favor of affirming the judgments, holding that the legislature was authorized by the constitution to confer upon the county courts the powers specified in the 30th section of the judiciary act; and that the jurisdiction of the court sufficiently appeared upon the records, it being alleged that the suits were commenced by filing and serving declarations in pursuance of the statute in such case made and provided, which could only be done, (in the county court,) in the county in which the defendants resided, (2 R.S. 347, § 1, sub. 3,) and the defendants having appeared and controverted the jurisdiction of the court over the subject matter of the suits, without any denial that they were residents of the county.

EDMONDS, J. also delivered a written opinion in favor of affirmance.

WATSON, J. gave no opinion.

Judgments reversed.


Summaries of

Frees v. Ford

Court of Appeals of the State of New York
Apr 1, 1852
6 N.Y. 176 (N.Y. 1852)

In Frees v. Ford (6 N.Y. 176) it was held that County Courts organized under the Constitution of 1846, are courts of special and limited jurisdiction, whose jurisdiction must appear on the face of their judgments, and will not be presumed.

Summary of this case from People v. Bradner

In Frees v. Ford (supra) it was declared in the prevailing opinion, in reference to the judgments of courts of limited jurisdiction, "to all such courts the rule universally applies that their jurisdiction must appear upon the record."

Summary of this case from Beaudrias v. Hogan

In Frees v. Ford, 6 N.Y. 176, and another case against the same defendant, the action in each case was brought in a County Court in assumpsit and the declaration contained no allegation as to the residence of the defendant.

Summary of this case from Tyroler v. Gummersbach
Case details for

Frees v. Ford

Case Details

Full title:FREES against FORD. BURROWS against FORD and FORD

Court:Court of Appeals of the State of New York

Date published: Apr 1, 1852

Citations

6 N.Y. 176 (N.Y. 1852)

Citing Cases

Tyroler v. Gummersbach

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Yager v. Yager

It has long been held that in an action brought in a County Court it is necessary that there should be an…