T some part of the merits, or where it affects a substantial right, or where, in effect, it determines the action and prevents a judgment from which an appeal might be taken. Code of Proc. 352; L. 1874, ch. 545, 9. Hoffenberth v. Muller, 12 Abb. N. S. 221; McEteere v. Little, 7 Abb. N. C. 374; McMahon . Rauhr, 47 N. Y. 67 Whitlock v. Joseph, 14 Abb. 342; Howe v. Julien, 2 Hilt. 453; Mitchell v. Westchester Fire Ins. Co., 6 Daly, 452; Hone v. Julien, 9 Abb. 193; Man. and Build. Bank v. Kiersted, 6 Daly, 160; McIntyre v. Hernandez, 7 Abb. N. S. 214; Bamberg v. Stern, 76 N. Y. 555; Harper v. Hall, 1 Daly, 498; Farrington v. O'Conner, 6 id. 209; Gordon v. Hartman, 9 Week. Dig. 293; Merceron v. Fowler, 9 Reporter, 257; Farley v. Lyddy, id. 257 Lesser v. Wander, id. 416; Raymond v. Belcher, 1 Law. Bull. 62; Badgley v. Brown, 3 E. D. S. 66; McCunn v. Burnett, 2 id. 521; Martin 7. Mayor, 20 How. 86; Brown v. Jones, 1 Hilt. 204; Michell v. Menkle, id. 142; Smith v. American Inst., 7 Daly, 526; Gordon v. Hartman, ģ Week. Dig. 293. 3192. Id.; proceedings regulated. Titles first and third of chapter twelfth of this act apply to and govern an appeal, taken as prescribed in the last section, except as otherwise expressly prescribed in the next two sections. See L. 1874, ch. 545, 29. Smith v. American Institute, etc., 7 Daly, 526. 3193. Id.; within what time; where heard. An appeal, authorized by the last section, must be taken within twenty days after service of a copy of the judgment or order appealed from, and a written notice. of the entry thereof. The appeal must be heard at a general term of the appellate court. See note to last section. 3194. Id.; determination upon appeal, how enforced. Id.; where new trial was properly granted. The judgment or order of the appellate court must be remitted to the court below, to be enforced according to law. Upon an appeal from an order granting a new trial, on a case or exceptions, if the appellate court determines that no error was committed in granting the new trial, it must render judgment absolute upon the right of the appellant; and thereupon an assessment of damages, or any other proceeding, requisite to render the judgment effectual, may be had in the marine court. See note to 3192, ante. 3195. Id.; appeal therefrom to court of appeals.→ Upon an appeal to the court of appeals, the notice of: appeal and undertaking must be filed with the clerk of the marine court, who must transmit the necessary papers to the court of appeals; and the judgment or order of the court of appeals must be remitted to and enforced by the marine court. New. Wooster v. Forty-second St. R. R. Co., 71 N. Y. 471. TITLE II. The mayor's court of the city of Hudson, and the recorders' courts of the cities of Utica and Oswego. SEC. 3196. Civil jurisdiction prescribed. 3197. Certain pending actions, etc., transferred to supreme court. 3198. Id.; certain papers, etc., to be transmitted to county clerk. 3199. Power of supreme court, in actions, etc., so transferred. 3200. Proceedings in case of judge's disability. 3201. Service of subpoenas. 3202. Effect of this title limited. The civil 3196. Civil jurisdiction prescribed. jurisdiction of the mayor's court of the city of Hudson, the recorder's court of the city of Utica, and the re. corder's court of the city of Oswego, extends only to an action whereof jurisdiction is expressly conferred upon the court, by a provision of a statute incorporat ing, or otherwise specially relating to the government of, the city wherein the court is located. Code of Proc., 33. § 3197. Certain pending actions, etc., transferred to supreme court.-Every civil action, now pending in either of those courts, other than an action specified in the last section, is hereby transferred to the supreme court; and the subsequent proceedings therein, before and after the judgment, must be the same, as if the action had been commenced in the supreme court. New. § 3198. Id.; certain papers, etc., to be transmitted to county clerk.—All judgment-rolls, and other records, and all books and papers, relating exclusively to civil actions, other than an action specified in the last section but one, now remaining in either of those courts, must be delivered by the clerk thereof, or, if there is no clerk, by the judge or other officer, having the custody thereof, to the clerk of the county in which the court is located, to be preserved among the records of his office. The expense of so doing is a county charge. New. § 3199. Power of supreme court, in actions, etc., so transferred. The supreme court may review, enforce, vacate, or amend a final judgment heretofore rendered by either of those courts, in a civil action, other than an action specified in section 3196 of this act, with like power and effect, as the court in which it was menced might have so done, if this act had not been passed. New. com § 3200. Proceedings in case of judge's disability.— The county court of the county in which either of those courts is located, may, by an order, remove to itself an action of which either of those courts has jurisdiction, as prescribed in section 3196 of this act, upon proof, by affidavit, that the judge thereof is, for any cause, incapable of acting, either generally or in the particular action. Sections 344, 345, and 346 of this act apply to such an order of removal, and to the proceedings subsequent thereto. The proceedings subsequent to the order are the same, as in an action brought in the county court, except that costs must be awarded, as if the action had remained in the court from which it was removed. Code of Proc., part of 33. § 3201. Service of subpoenas. A subpoena, issued out of either of those courts, may be served upon a witness, at any place within the State. A warrant to apprehend a witness, for a failure to obey such a subpœna, may be directed to the sheriff of the county where the court is located, and executed by him within any county of the State. The sheriff is subject to the same liability, for a failure to serve or return it, as if it was issued out of the supreme court. 2 R. L. 505, ch. 85, 18. This title does § 3202. Effect of this title limited.. not affect any provision of law conferring upon a judge, or upon the judges, of either of those courts, jurisdic tion, power or authority, in an action brought in an other court, or in a special proceeding. New. TITLE III. The city court of Yonkers. SEC. 3203. Jurisdiction in civil actions. 3204. Last section qualified. 3205. Summons, where served. 3206. This title does not affect Jurisdiction of the court, etc., in special proceedings. 3203. Jurisdiction in civil actions.-The jurisdic. tion of the city court of Yonkers extends to the follow ing civil actions only: 1. An action against a natural person, or against a foreign or domestic corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking, withholding, or detention thereof. 2. An action to foreclose or enforce a lien, upon real property in the city of Yonkers, created, as prescribed by statute, in favor of a person who has performed labor, or furnished materials to be used, in erecting, altering, or repairing a building, building lot, or appur. tenance thereto, including fences, sidewalks, paving, wells, fountains, fish-ponds, ornamental and fruit trees, and every other improvement to a building or building lot. 3. An action to foreclose or enforce a lien, for a sum not exceeding one thousand dollars, exclusive of interest, upon one or more chattels. See L. 1873, ch. 61, 2 1 and 3; L. 1874, ch. 171, 1; L. 1875, ch. 233, 1; L. 1878, ch. 186, 22 1 and 2. - 3204. [Amended, 1888.] Last section qualified. The jurisdiction conferred by the last section is subject to the following limitations and regulations: 1. In an action wherein the complaint demands judg ment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed one thousand dollars, exclusive of interest, and costs as taxed; except where it is brought upon a bond or undertaking, given in an action or a special proceeding in the same court, or before the city judge. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to a penalty therein contained; and where the money is payable in instalments, successive actions may be brought, for the instalments, as they become due. 2. In an action to recover one or more chattels, a judgment cannot be rendered, in favor of the plaintiff, for a chattel or chattels, the aggregate value of which exceeds one thousand dollars. 3. The court has not jurisdiction of an action against an executor or administrator, in his representative capacity. 4. The court has not jurisdiction of any action, unless one of the parties thereto resides in the city of Yonkers, or in a town of Westchester county, adjoining that city; or a warrant of attachment is granted to accompany the summons, and levied upon property of the defendant, within that city; or the action is brought to recover one or more statutory penalties, by the city of Yonkers, or one of its officers or boards of commissioners. Such warrant of attachment must be granted and subsequent proceedings taken in accordance with the provisions and requirements herein relating to attachments in courts of justices of the peace. See note to 3203, ante. People v. Marine Ct., 18 Hun, 333. § 3205. Summons, where served. The summons, in an action brought in the court, may be served at any place within the county of Westchester, but not else where. See note to 3203, ante. § 3206. This title does not affect jurisdiction of the court, etc., in special proceedings. This title does not affect any provision of law, conferring upon the court, or upon the city judge of Yonkers, jurisdiction, power, or authority, in a special proceeding; or conferring upon the city judge of Yonkers power or authority, in an action brought in another court. New. TITLE IV. The district courts of the city of New-York, and the justices' courts of the cities of Albany * and Troy. ARTICLE 1. Provisions generally applicable to all the courts specified in this title. 2. Provisions exclusively applicable to the district courts of the city of New-York. 3. Provisions exclusively applicable to the justices' courts of Albany and Troy. The title is now " City Court of Albany," Laws 1884, ch. 122. |