136 N.Y.S. 894 | N.Y. App. Term. | 1912
Lead Opinion
Two appeals are presented in this cause. In one, the defendant appeals from a judgment entered upon a verdict of a jury rendered in favor of the plaintiff and from an order denying a motion to set the verdict aside and for a new trial. In the other, the defendant appeals from an order denying its motion to reduce the amount of the judgment to $2,000 together with interest and costs. The plaintiff has recovered a judgment for $4,316.32. A review of the record, presented by the appeal from the judgment and order deifying a motion for a new trial, satisfies me that there is no ground for the reversal of the judgment or of this order. The judgment includes an award of $650 to the plaintiff, for commissions upon the sale of an aeroplane. Although there were negotiations looking to the sale of the aeroplane, the sale itself was not made. We are of the opinion that the judgment should be reduced by $650, and, as reduced, affirmed without costs to either party.
This appeal brings up for determination the constitutional' ity of chapter 569 of the Laws of 1911. That act of the legislature purports to increase to $5,000 the limit of the amount for which judgment in actions to recover a sum of money only can be rendered in the City Court of Hew York. The question is one of the first importance, and, as the purpose of the legislature in enacting this law was to relieve a situation existing in Hew York county, which, in its judgment, called for a remedy, we should not declare void this enactment, unless we are satisfied, beyond a reasonable doubt, that it is in conflict with the provisions of the fundamental law.
We should approach the consideration of this question bearing in mind “ that a statute can be declared unconstitutional only when it can be shown beyond reasonable doubt that it conflicts with the fundamental law, and that until every reasonable mode of reconciliation of the statute with the Constitution has been resorted to and reconciliation has been found impossible, the statute will be upheld.” Worthington v. London G. & A. Co., 164 N. Y. 81, 84. Moreover, it is settled that the legal presumption is in favor of constitutionality.
The determination of the question presented requires, first, an understanding of the history, nature and extent of the jurisdiction of the City Court of Hew York, and an appreciation of the precise change contemplated by chapter 569 of the Laws of 1911, and, second, an understanding of the provisions of our state Constitution, upon the supposed authority of which the constitutionality of this act of the legislature is challenged.
The City Court of the city of Hew York is a local inferior court established by the act of the legislature. It was
As early as 1813, when the court was known as the “ Justices’ Court in and for the City and County of Hew York,” it was provided that the court should be a court of record and have a seal. Laws of 1813, chap. 86, §§ 105, 106, 107. See VanNess & Wordsworth’s N. Y. Laws, vol. 2, pp. 381, 382.
Although declared by statute to be a court of record, it was such only for the purpose of fully exercising the powers which had been expressly conferred upon it. It was not, and has never been, a court of record in the strict legal sense of the term, like courts of general common-law jurisdiction. Huff v. Knapp, 5 N. Y. 65. notwithstanding the changes which have taken place as to the amount for which judgment could be entered in that court, it has never been declared to be a superior court. The act of the legislature now under consideration merely provides that “ the sum. for which judgment' is rendered in favor of the plaintiff cannot exceed $5,000, exclusive of interest and costs as taxed,” except in certain specified cases. The three classes of cases, which are, and for many years have been, expressly excepted from the operation of the provisions of law limiting the amount for which judgment could be entered are, first, actions upon a bond or undertaking given in the Oity Court; second, actions to recover damages for breach of promise of marriage, and, third, marine causes. In these three classes of cases there is no limitation as to the amount for which judgment
With these principles in mind, we are prepared to consider the provisions of our state Constitution, upon the supposed authority of which the constitutionality of this act is challenged. These provisions are as follows: Section 18 of article 6 of the Constitution of the state of New York provides in part that “ Inferior local courts of civil and criminal jurisdiction may he established by the Legislature, but no inferior local court hereafter created shall be a court of record. The Legislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction, or any greater jurisdiction in other respects than is conferred upon County Courts 'by or under this article.” Section 14 of the same article provides that “ County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding $2,000. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only in which the sum demanded exceeds $2,000.”
It is conceded, as I understand the argument, that the first sentence of section 18 of article 6 of the Constitution has no application to this case, because the City Court was created prior to the adoption of the Constitution of 1894. The argument which assails the constitutionality of this statute assumes that chapter 569 of the Laws of 1911
In Sigmond v. Bebber, 104 Iowa, 431, the court said: “In determining the jurisdiction of the court as to subject matter, we do not inquire what the law is on the subject or what the holding should be, but the inquiry is, Has the court authority to hear and determine the question ? ‘ Jurisdiction ’ is thus defined: : Jurisdiction is the authority by which judicial officers take cognizance of and decide causes/ or, as it has been most frequently defined, 1 the power to hear and determine the cause.’ The definition thus limited implies that, if a court having power to hear and determine a cause enters a judgment therein, the validity, of such a judgment is not affected by the power.of the court to- enter tire judgment in question.”
In Koppel v. Heinrichs, 1 Barb. 449, the court said: “ The general rule on the subject of jurisdiction is that it depends on the state of things at the time the action is brought; and if the circumstances be such, then, as to vest jurisdiction, the same cannot be ousted by any subsequent event.”
In People ex rel. Brownson v. Marine Court, 23 How. Pr. 446, Ingraham, P. J., in discussing thei question as to
In Matter of Barbour, 52 How. Pr. 94, a writ of habeas corpus was obtained by a relator under an order of arrest bailable in the sum of $3,000 made by a justice of the Marine 'Court. The complaint in the action in which the order of arrest was issued demanded judgment for $2,500. The relator insisted that the Marine Court exceeded its jurisdiction in maintaining the action. Upon the return of the writ, Brady, J., said: “The jurisdiction of the Marine Court in the action against the relator cannot be disputed. Its exercise has been lawful, and therefore in accord with the power conferring it. It matters not what is the amount claimed, if the sum finally recovered does not exceed $2,000, exclusive of costs.”
In Roof v. Meyer, 8 Civ. Pro. R. 60, the City Court at Special Term said: “ Section 315 of the Code of Civil Procedure provides that the jurisdiction of 'this court extends to any action wherein the complaint demands judgment for a sum of money only. The language of this section is intended, as its terms show, to include any money judgment action, whatever may be the amount claimed. This court has jurisdiction over all such actions. That the amount claimed does not affect the jurisdiction of this court has been held in Matter of Barbour, 52 How. Pr. 94; People ex rel. Brownson v. Marine Court, 23 How. Pr. 446.”
Upon appeal, this decision was affirmed, McAdam, C. J., saying: “The action was on contract for goods sold and delivered. The court has jurisdiction of such an action,
In Ralli v. Pearsall, 69 App. Div. 254, Mr. Justice In-graham said: “ The jurisdiction of the City Court is fixed by section 315 of the Code, which provides that ‘ the 'jurisdiction of the City Court of the city of New York extends to the following cases: (1) An action against a natural person * * * wherein the complaint demands judgment for a sum of money.’ This was such an action. Section 316, providing that the judgment entered in such an action shall not exceed $2,000, does not affect the jwrisdiciion of the court in an action to recover a greater sum. It has jurisdiction of the action, hut the judgment cannot exceed the amount specified. There is a plain distinction between the provision of the Code affecting the City Court of New York, and the provisions of the Constitution (Art. 6, § 14) limiting the jurisdiction of the County Courts to an action in which the complaint demands judgment for a sum not exceeding $2,000. As to such courts the jurisdiction of the court depends upon the amount demanded in the complaint; but, as to the City Court, jurisdiction depends upon the nature of the demand of the complaint, and the limitation is as to the amount of the judgment that the court can award.”
The argument for declaring the present act unconstitutional is based upon the claim (a) that the act in question confers upon the City Court greater jurisdiction than is conferred upon the county courts, in that the jurisdiction of the county courts is limited to cases “ in which the complaint demands judgment for á sum not exceeding $2,000,” and (b) that the intent and purpose of the framers of the present Constitution was to make it impossible for the legislature to prescribe that the jurisdiction of inferior local
As to the claim that the act in question confers greater jurisdiction than that possessed by the county courts, it has already been shown that it rests upon an unwarranted assumption. Even if chapter 569 of the Laws of ¡1911 has not been enacted, the City Court would still have jurisdiction of an action in which the complaint demanded judgment for more than $2,000, and the constitutional provision must be deemed to have been framed with knowledge of this fact in view. The City Court has jurisdiction of an action regardless of the' amount demanded in the complaint. The distinction between the provisions of the Code affecting the City Court of ¡New York and the provisions of the Constitution limiting the' jurisdiction of the county courts to an action in which the complaint demands judgment for a sum not exceeding $2,000 cannot be disregarded. In regard to the City Court, jurisdiction is made dependent upon the nature and character of the action; whereas, in the County Courts, jurisdiction is dependent upon the amount demanded in the complaint. It cannot be said with accuracy either that the jurisdiction of the County Courts is greater than that of the City Court, or that the jurisdiction of the City Court is greater than that of the County Courts. It is difficult, speaking' generally, to compare the jurisdiction of the two courts because of radical and fundamental differences which exist between them. The jurisdiction of the County Courts is the standard by which the provision of the state Constitution limits the power of the legislature to increase the jurisdiction of inferior local courts. Yet this limitation cannot be applied to the particulars in which the jurisdiction of the inferior local courts was, prior to the adoption of the provisions of the Constitution quoted above, greater than that of the County Courts. ¡Nor can it apply to those features of the jurisdiction of inferior local courts which, in their nature, are fundamentally different from the jurisdiction possessed by the County Courts. There is no court in the state, the jurisdiction of which is exactly similar to that
To the same effect also see Kantro v. Armstrong, 44 App. Div. 506 and Dodge Mfg. Co. v. Nassau Show Case Co., Id. 603. Gillin v. Canary, 19 Misc. Rep. 594, deals with the legislative restriction upon the power of the court to enter judgment, and not with the prohibitions of the Constitution, and throws no light upon the question now under consideration. I find nothing in that case holding that sections 811 and 316 of the Code of Civil Procedure must be read in connection with sections 14 and 18 of article 6 of the Constitution. After pointing out that section 811 is subject to secton 316, so far as it permits the consolidation of actions in the City Court, Judge McAdam included the following reference: “'See Const, art. 6, secs. 14, 18.” I do not understand that this inapt and unnecessary citation is to be construed into a judicial decision that the constitutional provision prohibits the entry of judgment for an amount in excess of $2,000. The reference has not even the weight of dictum. It is merely the citation of a provision of the Constitution wholly inapplicable .to the question then decided by the court.
The purpose of the framers of the Constitution in adopting these provisions of the state Constitution is authoritatively stated in Worthington v. London G. & A. Co., supra. In that case Judge Bartlett said: “It is very clear that the framers of the Constitution intended that not only should the inferior local court be strictly confined to its locality, but that the extent of its jurisdiction should be so
Even if the limitation as to the amount for which judgment could be rendered in the City Court should be removed altogether, the City Court and the Supreme Court would not be equal in jurisdiction. There would still remain the fundamental difference which exists between courts of superior and general jurisdiction, and courts of local statutory inferior jurisdiction. That it was the purpose of the present Constitution so to limit inferior local courts that the legislature should not be able to increase their power so as to interfere with the Supreme Court, is evident from what has already been said. Thus, under the provisions of the existing Constitution, it would be impossible for the legislature to declare that the City Court should become a superior court, or that its jurisdiction should extend through-. out the state, or that general equity jurisdiction should be conferred upon it, because such changes would alter the nature and character of its jurisdiction. Ho such change, however, is made in the nature or character of its jurisdiction by the removal of the limitation, which relates simply to-the amount for which judgment can be rendered.
It seems to me that the act in question is free from constitutional objection, and that the order of the City Court denying the motion of the defendant to reduce the judgment rendered, because it was in excess of $2,000 with interest and costs, was properly denied.
Judgment reduced by deducting $650, and, as reduced, affirmed without costs to either party. The order is affirmed with $10 costs and disbursements to the respondent, with leave to appeal to the Appellate Division, First Department.
Concurrence Opinion
The Constitution of this state provides that the “Legislature shall not hereafter confer upon any inferior or local court of its creation any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon County Courts by or under this
Section 315. “ The jurisdiction of the Marine Court of. the City of blew York extends to the following cases: (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 or detention thereof. * * *
“ (4) The taking and entry of a judgment upon the confession of one or more defendants, where the sum, for which judgment is confessed, does not exceed two thousand dollars, exclusive of interest from the time of making the statement, upon which the judgment is rendered.
“ Section 316. The jurisdiction conferred by the last sec-lion is subject to the following limitations and regulations: (1) In an action wherein the complaint demands judgment for a sum of money only, the sum for which judgment is rendered in favor of the plaintiff cannot exceed two thousand dollars, exclusive of interest and costs as taxed. * * * (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 two thousand dollars.”
"In 1911 the legislature passed an act amending these provisions of the Code by inserting the words “ five thousand dollars ” in place of the words “ two thousand dollars ” wherever these words occurred. It is claimed by appellant that this is unconstitutional. At the outset, it is to be noted that the constitutional provision prohibits the legislature only from “ conferring ” juiisdiction, and the Code provisions then in force fixing the jurisdiction of the court first provide that the jurisdiction of the court extends to any actions
This interpretation may cause doubt about the provision of the statute of 1911, in so far as it attempts to confer greater jurisdiction to take and enter a judgment upon confession, but this provision is not directly before us. Even if the provision of the statute amending section 315 of the Code in this respect be unconstitutional, the provision amending section 316 is easily separable, and is, in my opinion, a constitutional exercise of the legislative powers.
Judgment should, therefore, be reduced by deducting $650 and, as reduced, affirmed without costs to either party.
Dissenting Opinion
The action was brought to recover damages for breach of a written contract of employment.
That portion of section 18 of the Constitution material to this appeal reads, as follows: “ Inferior local courts of civil and criminal jurisdiction may be established by the Legislature, but no inferior local court hereafter created shall be a court of record. The Legislature shall not hereafter confer upon any inferior or local court of its creation any equity jurisdiction, or any greater jurisdiction in other respects than is conferred upon County Courts by or under this article.” Section 14 of the same article provides that “ County Courts shall have the powers and jurisdiction they now possess, and also original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment .for a sum not exceeding two thousand dollars. The Legislature may hereafter enlarge or restrict the jurisdiction of the County Courts, provided, however, that their jurisdiction 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.”
The limitation upon the power of the legislature to confer j nrisdietion upon inferior local courts was placed in the Constitution the 1st of January, 1895, as a result of the ratification of the amendment proposed by the Constitutional Convention of 1894. A limitation upon the power of the legislature to establish inferior local courts was first incorporated in the Constitution of 1846 by article VI, section 14.
“ Inferior local courts of civil and criminal jurisdiction
This power was enlarged by amendment of 1869, becoming section 19 of the same article, and reading: “ Inferior local courts of civil and criminal jurisdiction may be established by the legislature; * * *.” Until the adoption of the amendment of 1894 the power of the legislature to confer any jurisdiction that they might deem wise upon inferior local courts was unlimited, with the exception that from 1846 to 1869 such courts could only be established in cities. In the exercise of this power, the legislature had, from time to time, increased the jurisdiction of certain local courts until, in 1894, there existed in this city, the 'Court of Common Pleas and the Superior Court; in Brooklyn, the City Court; and in Buffalo, the Superior Court, having an equal jurisdiction within territorial limitations with the Supreme Court. In the revision of the judiciary article of the Constitution (art. VI) these courts were consolidated with the Supreme Courts. The jurisdiction of the County Courts was increased to $2,000, and the legislature was thereafter deprived of the power to confer a greater jurisdiction upon any inferior local court in actions for the recovery of money only in a larger amount than that conferred by that article upon the County Court. From this statement the intent and purpose of this amendment clearly appears, but that there may be no doubt we find it most clearly stated by Elihu Boot, the chairman of the judiciary committee of the Constitutional Convention, upon opening the debate upon this article. After viewing the proposed changes in the sections relating to the Court of Appeals and the Appellate Division, he continued : “ We have done one other thing to which I beg to call your attention. That is this: there has been a constant process in this state of enlarging of the jurisdiction of local and inferior tribunals. That is the way in which we found ourselves confronting the situation with four Superior City Courts which had been gradually built up, one of them during two hundred vears, the others during much shorter
Section 18, as reported by the judiciary committee, was adopted by the convention with a slight amendment designed to preserve the City Court of Yew York as a court of record, and with no further discussion. Revised Record Const. Conv. Vol. 2, p. 1191. With this declared intention and purpose of the convention, the question arises, did they use apt words to express that intention in the proposed amend
The effect of the amendment of 1894 to the Constitution, as gathered from its language, seems to me to be clear — that inferior local courts, created by the legislature should continue to exercise the jurisdiction that they then possessed. But the legislature should not have power to confer upon any inferior local court, whether then existing or thereafter created, greater jurisdiction in actions for the recovery of a sum of money only than $2,000. When we read this section in connection with the entire judiciary article of the Constitution in the light of the intent and purpose hereof as set forth by Mr. Boot in the constitutional convention, the construction here given is seen to he in harmony with both the letter and the spirit of the amendment. Bor is there any adjudication which militates against this construction. In O’Connor v. City of New York, 51 Misc. Rep. 560, affd., 120 App. Div. 875, and 191 N. Y. 238, the question arose as to whether the repeal of an act (Laws of 1860, chap. 379) giving exclusive jurisdiction to the Supreme Court of actions against the city of Bew York, for the purpose of conferring jurisdiction in certain cases upon the Municipal Courts, revived by implication the act of 1858, which conferred certain limited jurisdiction upon the City Court, and which had been repealed by the said act of 1860.
The case of Worthington v. London Guarantee & Accident Co., 164 N. Y. 81, holds that the District Courts of the city of Bew York, and the then Justices’ Court of the city of Brooklyn, were continued, consolidated and reorganized under the name of the Municipal Court of the city of Bew York, and that the jurisdiction of the court over a foreign corporation having an office in the city of Bew York survived the consolidation. The court then says that, even if the Municipal Court were to he considered a new court, still the jurisdiction conferred would not violate the constitutional inhibition. This is far from holding, as respondent contends, that “Article 6, section 18, refers only to- future courts which might be created by the legislature, and not to
In case of Irwin v. Metropolitan Street ¡Railway Co., 38 App. Div. 253, held that the constitutional inhibition did not apply to territorial jurisdiction of the inferior or local courts, but rather to their jurisdiction as to subject matter and persons. While some of the language of the opinion deals with the power of the legislature to establish new courts, there is nothing to imply that the court was of the opinion that the constitutional provision was limited to the establishment of new courts. The court was then dealing with the question of jurisdiction, not of a new court, but one that existed at the time of, and long prior to, the adoption of the constitutional amendment.
The Constitution provides for a judicial system in which there shall be one court of general and unlimited jurisdiction throughout the state, and such local courts as may be required to meet the needs of the respective localities within the state, but that none of these local courts shall have the power to entertain actions for the recovery of money only where the money recovery can exceed $2,000. And, that these local courts may not be built up into courts of unlimited jurisdiction by acts of the legislature from time to time extending their jurisdiction, as had been done in the past, the legislature is prohibited from thereafter conferring upon them any equity jurisdiction,-or any greater jurisdiction in an action for the recovery of money only, in which the sum recovered shall exceed $2,000. Chapter 569 of the Laws of 1911 confers upon the City Court power to enter judgment in an amount not to exceed $5,000, increasing its jurisdiction as to relief to be granted from $2,000. If the legislature has the power to do this, .then there is no1 limitation upon its power to confer an unlimited jurisdiction upon that court within the locality of its jurisdiction, for if the constitutional limitation contained in section, 18 does not apply, then there is no restraint upon the power of the legislature. The only way to give effect to the constitutional amendment is to hold that "it applies to all local inferior local courts whether existing or thereafter created. I can
The motion to reduce the judgment was properly denied for the reason that the judgment was void. Gillin v. Canary, supra. The plaintiff under the circumstances of this case should be allowed either to elect to retry the action, and, if successful, take a judgment of $2,000, or to obtain a discontinuance, in order that he may prosecute his action in a court that would have power to give him full relief.
The order appealed from should be affirmed and the judgment reversed and a new trial granted. If I were not of opinion that the judgment was void, being in excess of the jurisdiction of the court, I would concur with Mr. Justice Seabury that the judgment should be reduced by deducting $650 therefrom.
Judgment reduced by deducting $650, and, as reduced, affirmed without costs to either party.