Simons v. De Barre

The Superior Court of New York City

Simons v. De Barre

6 Abb. Pr. 188

CourtThe Superior Court of New York City

DecidedApril 15, 1858

StatusPublished

This text of 6 Abb. Pr. 188 (Simons v. De Barre) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

6 Abb. Pr. 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simons-v-de-barre-nysuperctnyc-1858.