Jones v. Cole

Appellate Division of the Supreme Court of New York

Jones v. Cole

92 N.Y.S. 1130

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1905·Published

Opinion

PER CURIAM.

Order affirmed, with $10 costs and disbursements.

WILLIAMS and STOVER, JJ., dissent, upon the ground that the justice had no jurisdiction to render the judgment, that the county court had no jurisdiction to order the amendment of the constable’s return, and that, even if the county court had such power, the amendment should not have been ordered without imposing such terms and conditions as would have placed the defendant in the situation he was in before the appeal to the County Court was taken.

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PER CURIAM.

Order affirmed, with $10 costs and disbursements.

WILLIAMS and STOVER, JJ., dissent, upon the ground that the justice had no jurisdiction to render the judgment, that the county court had no jurisdiction to order the amendment of the constable’s return, and that, even if the county court had such power, the amendment should not have been ordered without imposing such terms and conditions as would have placed the defendant in the situation he was in before the appeal to the County Court was taken.

Jones v. Cole, 92 N.Y.S. 1130 (N.Y. Ct. App. 1905).

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