2 Hilt. 243
New York Court of Common Pleas
Decided December 15, 1858
New York Court of Common Pleas · decided 1858-12-15
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?
Cited by 2 later decisions — most recently March 1896
2 state decisions
Relies on Robinson v. West
Good law ✅— No negative treatment on recordhow we know
Decided 1858-12-15
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¶1As 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.
¶2Motion granted.