New-York daily tribune., 1858-11-22

put and the current Of vaGe OF which the pound
sterling and received by It's numerous officers not only IN
this city and STATE bu, to1hoa the eouS Iae :es oes
the Of other evidence conclusive upon the
zee 10 error in the ruling Of the Judge ct The trial
judsm; rendered and must therefore be affirmed Jnds
mel. affirmed
COURT OF APPEALS.
JURISDICTION OF COUNTY COURTS IN ACTIONS TO
FoRFcLosE MORTGAGES.
Samuel Arnold jr. sgt James II. Rees
This action was brought in the Supreme Court,
Kings County, to recover rent Of certain premises ID
Brooklyn, occupied by the defendant as tenant rrSr
TO 1856 the premises had been owned by the plaintiff
but during that year Cornelius ID. Blake foreclosed a
mortgage he owned upon them in the County Court
of Kings County. At the sale under this fore
closure Anson Blake purchased, and received a
Sherrs ceed, and tie defendant atorned to him. The
plaintiff brought this action to rent accruing
subsequently, 70 the purchase by Blake Toe defend
set up defense the force osre and sale, to which
defense the plaintiff demurred, stating as grounds
therefor that the County Court had not jurisdiction OF
actions forecose mortgages and the Supreme Court
so led and gave judgment for the plaintiff on dcmur-
reY The dei ntcnt appealed to the Court of Appeals,
which Court at the last term, reversed the Judgment
Of the Supreme Coui and ordered judgment for the
defendant thus affirming the County Court irisdic-
tior. S. Kissam for plaintiff Thompson Il Kellogg
for defendant
The following is the opinion delivered in the by
Araold Respondent, ast. Ree' Appellant.
CoNsrocK 1.-The Constitution (art. vi, sec. Ia
provide, that the County Court IN ca,e.
aH sIs.cs IN but cSa i.Ts .Ts M aS
cet special cases. Another clause in tie same section
sSses tbs: pon
Visions the Legaure has to confer upon the County
or cases embracing the number tie foreclosure
q ed T b sale IF y any pdseesy r
paid the sale. lCode of 1882 Tne Questions now
dssIn1, i. Sn,:' :, S ss s sy fqnsa ss
y hs 5 E o. 1s ,n. conferred the County
cssli. ha Il determine
i.I mis- Siei, viii s. likely to follow fOn decisions.
% ssnT %od s % ud the se has a
the words Special refer to sn inherent, an
csugesbo distinction between the thu. designated and
ali others distinction supposed to e,s: IN the yey pstare
osa ss q sae .ns pa
1t panfsy devoes upon those who place ns reading upon
ner what arr AID what specil in this e.eas
nature according the distinction referred TO- this can
Of the Con.,itaon do no. ADM, q some
whit win uphold The qIi.d9oD u aas;'GK1 g ss cour,
deetrd that tie Legislature could 10. conet upon The county
otnIo Of cLiei Judge Gardiner In th, the
special Of the Con.,imon are supposed % r.sr 20
ob.srysd would be found in Shsp's' ral, o. toe
w. .urisnt b. sdded ,Ls. such d,
tncy autes and that there ws Therefore
would sppiy Re.ons thus the xiag statue. Of the
for definition Of special cases and angnies that me
he arrived s the asion 10 which
tie ccneured that jurisdiction common "a" leoh' s.
pss, Co. could be given 20 the County Court believe no
mp. has been made TO dee what se special
under the Of the Constitution mon We are
We have now since the change pcsdin aud practice
question shall arise De dsned advisable 20 inquire
Lesaurs confer Jurisdiction these Courts over al the
Of action. when toe appropriate remedy was
Of the present questions VII BE- n.iu now 20 700, AZ th "
called the Reyied Statutes 20 which IL sup
pp;i,ied of Peedrss in Special Csses and !. divided
into titles The first Of these titles r.es suits BY
h .hirs embraces suits by ara sTsiu. admu
iIsors The fourth .lats' to suits BY ana ssar, Pu.
Of Loans, Of Common Schools ana Hshwsy' over
srs. Sc the n,nh to the Of eeetment tor nonPay.
Of rent: the twelfth 20 the ation OF ep'evn AID we
.eyep,e.u,h contain. variety Of provision. eopc rDg s
and civil proce ediIs. in ssn.rs. Other tes In the
chapter relate TO ProeeedEss peculiar IN ,,e iner
nature sud torlsuch forcible entries and ds'aayE.
OF DOVER tie draining Of swsmP' &C. ihis
enumeration Of special CASES. therefore, ned no d',inc
ten between sonmot A. actions and ' G o. & .Swi 10
PrOSeu;e IN "e p1spt,,; would onns 81 , 30 far om
beings pciai in any other h.n mat OF brnt ape
S. y.cn ss ., ss s's any ss in shs
legal ard equitable consoyersies So IN regard 20 suis
re Ie,,ns prcserrs hem These special case. were cases
comuon lswss much ss The action % sam PEI, oa
theo required by the condition me age or
live chs.ete Of the party ~ e'a snt s1a at yet,
they recognized sPec. 'e: a. the ioP =.
the CoDriuop because upon tIern, Also some 'pea P''
/, would seem impossible therefore. 70 bold tia: tae Conss
.uo3 in poydls jurisdiction IN spt es cases 20 Oc ~
sched by the L. >ss;uis has exercised all the
prescribed by setions AZ common law oe ,a
which perysded ii do not ssy suanedt the deci.on u tns
Court he assault and battery Of hunaoi st
does justify srch conc-soL.
such Interpretation be sdoped then We mus noia Ia
Constitution iuts the jurisdiction 20 p,ofreauh'
dcc;ed any respect according the course Of 'es "a
aw. II ihis hsi been the intention OF tno- ~.o
adopted ibe Cor. tutioB think more aPProPfsie -
fusse would have been coed II The desfa ma y-.u
cui- al subjects Of coutrover-zTy plcn ~.
and es,o mary remedies aud Include these 9ny
remedy was r~cuLar sId summary could pave o~s
loss for words which exprtH tnst eestn' :, t.
swsys has been hnown distinction between wbch 40
EQUITY proceedings" OF srecA ca - -,
.ske the form OF action but are insta'e s
in y<culsr and anomalous Dod- u M-,.
think that the language Constitution " nos
intended the subjects r
proc-edirss only We certainly or az 20 s M - .be
cesrcess AID rrvci,i,n in expression oeofe VI
lerissfye nferpfetaton-an Interpretation VIM q y.e@.
be adopted st the very nrs' -. -.
continued ever since that time tLA"s0 W. =
Of lifs 1879. 1881. 1852 ~ ,s,tioo. aver a..
certain then. according 70 sh esnH
teuutra by IA. Used in the Coz stituts"h tuss
Couits cs Jurisdiction Of some OF tnr Sa' ii
aetien Which werr cnrrisabe a. common s~ ~
such cas~s are not exciuded 10 one oi in-
L.rislature IL. by sp~ci. enactnen' 20 90. @
ar ,ot Ter tie iuri This inquiry 'nal no ~
,us because The decision Of this Couri IA .ae 0''e
anis dire the cf such disca''Il t,o,,-x 4.
Iua more precise view ~ the prr-enf q'rs', - :,
be.r suy esr.e of coniFoy,isy sci' "a re'p.s i -
the .cepon Of Cost ution there "as ~ ,b
,auix e.a low b. t-5 Oh; within &c j.--'
GO a. C0r,.. sha fpf stl -
~ W. - A. r.r-rre.scn " hrh restricts ~ Ptt % a..
L. .I,,,,e Iao,e % asv sbs sass~s; thy 'a0' ss