New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-09
LAW INTELLIGENCE.
SUPERIOR COURT-Ix CHAMBrRs-DEc. s.-Belore Judge
WOODRUFF.
John II. Fake at. Theodore Edgsrton.
Motion deoiad with xl0 oosta

WOODRUFF.
John Il. Fake act. Theodore Edgsrton.
Motion deGied, with $40 costs.
SPECIAL Trsn-Drc s-setore Judge Bo.wo,rH
JURISDICTION OF THE SUPERIOR COURT.
Porter and others agt Lord Dousherty.
In all actions Of which the Superior Court has juris
dictiOn by sub. Of sec. 90 of the Code, and in
action against several persons jointly liable contract,
when one of them resides in the City of New-York,
the may be served in any county of the State
and the service will be valid.
II is only in those actions, of which jurisdiction is
acquired by the fact of personal service of the
mons all the defendants within the City of New
York that service of the summons out of the County
Of New-York is unauthorized and invalid.
The defendants are sued as joint debtors. The de-
the summons and complaint in the City and County Of
New-York. The defendant Dougherty resides, and
was subsequently served in Brooklyn with the SUM-
sueh on the e hss
no Jursdst'on as to hi and acquire none, ex ept
by service of the summons within the City and
County Of New-York, or by his voluntary appearance
BcswOsTn JaThi; Court has Jurisdiction of the actions
mentioned in Us and ia Of the Code without reference
M Jurisdiction Of certain other scons depend. upon
ss G he. J Of the
YoIl II Of several detendsn,s Jointly liable on contract
ri. Court jurisdiction Of that sc.oD summons III 'Aa CITY,
dence Of Of such defendants the Of
him ps.P Ally % Shs the city can acquire Jurisdiction
sn ny ns% " n of the ae
The Code divided into two partas The part 10
distributed into Is titles The last relate to sctons In the
& e Of the "a contains the Ss S' Court The
the Of commencing civil actions They shall be com.
Be- Of se oSany Where Tine he
Be sas pGn not s the
These sections and sub of S. are in harmony with zach
1.-THE action which By ., IL, a mus. be tried in
In the Supreme Court In the Superior Court
couIs may be served in any part Of the State ''O
ali The defendants reside this city the! may
e ,css, person. Jointly liable on csqtIss; resides
no one Of the resides in this city then service within
the city made Indispensable 10 the acquisition Of Jurisdiction
Wee Sa. been made upon one such service sufficient to civ,
full jurisdiction Of the action In other the service
The rule then, briefly expressed this; When the action
be tried this city because II Is Of those mentioned
Of several jointly table contract
The dnd.n may be served with the any county
Any other construction would lead to an ab.uilty Auc
tons for the partition OF real property and for the foreclosure
mSI,ssse Of real property situated In this city, mus: Be-
Court has jurisdiction of them The mortgaser and In
AID Wssis.ter or in other counties Of tie Stat II shi.
proceed 10 the scon until all the necessary par
fac, tss has jurisdiction would many not in most Of
speh cases, be matter Of no practical utility.
of which this Court and the Common Pleas
either for the that the
subject Of the action Is situated within this
such Jurisdiction conferred to enable them aid
prems Court trsnsscng business which the latter
Of Coars could alone Psrom The law which provides
bv hi Supreme Court shall acquire jurisdiction
the pstiss actions declares that this Court employ
the effect the end The only section.
which provide that be served and how, and
where by whom may be served expressly declare that
those shall apply TO this Court with the same force In
ali respects the Supreme Court The Code when gave
uysdction this Court TO be exercised concureny with
ks the Supreme Court In the same cases
by provisions which In terms are 20 we one
10 the other the might be served on the de-
any county Of the State except 10 few enumer
yaHd service Of the when the action L IN this
cort can In BE- made In county other than the
Cntv of York then the povs which makes In certain
cases service within the city essential TO acquiring
y sbsurd actions all the defendants must De
a. .rysd or the Court will have jur.diction Others
a. mona that one Of several defer dants served 10 other
oes enough that one Of several defendants e:aes Within
49, eI,y Ia Others essential that all Of the descendants re-
IA 1khip ss cy-ths only essential when Jurisdiction de-
nAs an alone In others, 10 Of no consequence
yyhs1e sny Of tho dxfsndAnts reside .,
The s, thu. service .i..n the city 10 required IN CERTAIN
rv Section m aves the general rule that AuIeotne