125 N.Y.S. 44 | New York County Courts | 1910
This action was brought to recover damages for an alleged conversion of certain fine rollers and other tools. The complaint alleges that defendants are residents of the county of Schenectady and demands judgment in the sum of $583. The answer is a general denial. The evidence fails to show that defendants were residents of the county at the time of the commencement of the action. In fact, the evidence, if it shows anything, shows that they were nonresidents at that time. A motion was made by defendants
Plaintiff claims that defendants have waived the defense of non-residence.
County Courts are courts of limited jurisdiction. The Constitution, article YI, section 14, says that they shall have original jurisdiction in actions for the recovery of money only where the defendant resides in the county and in which the complaint demands judgment for a sum not exceeding two thousand dollars, but that the Legislature may enlarge or restrict this jurisdiction, provided that it shall not be, so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant. The Code of Civil Procedure, section 340, subdivision 3, provides that such jurisdiction shall extend, among other things, “ To an action for any other cause, where the defendant is, or, if there are two or more defendants, where all of them are, at the time of the commencement of the action, residents of the county, and wherein the complaint demands judgment for a sum of money only, not exceeding two thousand dollars.” It is clear from these provisions that a County Court can only acquire jurisdiction of an action for a sum of money only, where the amount demanded does not exceed the sum of two thousand dollars, and the defendant is a resident, or all of the defendants are residents, at the time of the commencement of the action, of the county where the action is brought.
The residence of a defendant, at the time of the commencement of such an action, in the county where the same is
■It seems, therefore, that a judgment for plaintiff in this court will be void. The motions of defendants are granted.
Motions granted.