Simons v. De Barre

The Superior Court of New York City

Simons v. De Barre

6 Abb. Pr. 188

The Superior Court of New York City·Decided April 15, 1858·Published

Opinion

Pierrepont, J.

The City Court of Brooklyn, being one of limited jurisdiction, a copy of a judgment of divorce is not of itself evidence that the court had acquired any right to make the decree.

It was necessary to show that all the necessary steps had been taken to acquire jurisdiction. It is no answer to say that the record would have shown that the necessary steps had been taken. The record was not produced. I am compelled to order a new trial.

The order to be settled on notice.

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Pierrepont, J.

The City Court of Brooklyn, being one of limited jurisdiction, a copy of a judgment of divorce is not of itself evidence that the court had acquired any right to make the decree.

It was necessary to show that all the necessary steps had been taken to acquire jurisdiction. It is no answer to say that the record would have shown that the necessary steps had been taken. The record was not produced. I am compelled to order a new trial.

The order to be settled on notice.

Simons v. De Barre, 6 Abb. Pr. 188 (N.Y. Super. Ct. 1858).

Pincite

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