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Orvis v. Curtiss

59 N.Y. St. Rep. 287 Court N.Y.C.P. Decision date 1894-05-17 English

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Majority

p. 287
Charles E. Orvis, Resp’t, v. William H. Curtiss, App’lt.
(New York Common Pleas, General Term,
Filed May 17, 1894.)

Headnote

Judgment—Void.
A justice of a district court in the city'of New York has no jurisdiction to render a judgment after the time limited for his doing so.
Appeal from a judgment of the distrct court in the city of New York for the eleventh judicial district.
IT. G. Harris, for app’lt; F. G. Gedney, for resp’t.

The justice had no jurisdiction to render the judgment he did in this case, because he rendered1 it after the time limited by the law for his doing so. This appears from the return itself. Therefore the judgment must be reversed with costs.