TITLE III. The city court of Yonkers. SEC. 3203. Jurisdiction in civil actions. 3204. Last section qualified. 3205. Summons, where served. 3206. This title does not affect jurisdiction of the court, etc, in special proceedings. 3203. Jurisdiction in civil actions.-The jurisdietion of the city court of Yonkers extends to the following civil actions only: 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, withholding, or detention thereof. 2 An action to foreclose or enforce a lien, upon real property in the city of Yonkers, created, as prescribed by statute, in favor of a person who has performed labor, or furnished materials to be used, in erecting, altering, or repairing a building, building lot, or appur tenance thereto, including fences, sidewalks, paving, wells, fountains, fish-ponds, ornamental and fruit trees, and every other improvement to a building or building lot. 3. An action to foreclose or enforce a lien, for a sum not exceeding one thousand dollars, exclusive of interest, upon one or more chattels. See L. 1873, ch. 61, 221 and 3; L. 1874, ch. 171, § 1; L. 1875, ch. 233, §1; L. 1878, ch. 186, 1 and 2. 3204. Last section qualified. The jurisdiction conferred by the last section is subject to the following limitations and regulations: 1. In an action wherein the complaint demands judg. ment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed one thousand dollars, exclusive of interest, and costs as taxed; except where it is brought upon a bond or undertaking, given in an action or a special proceeding in the same court, or before the city judge. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to a penalty therein contained; and where the money is payable in instalments, successive actions may be brought, for the instalments, as they become due. 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 one thousand dollars. 3. The court has not jurisdiction of an action against an executor or administrator, in his representative capacity. 4. The court has not jurisdiction of any action, unless one of the parties thereto resides in the city of Yonkers, or in a town of Westchester county, adjoining that city; or a warrant of attachment is granted to accompany the summons, and levied upon property of the defendant, within that city; or the action is brought to recover one or more statutory penalties, by the city of Yonkers, or one of its officers or boards of commissioners. See note to 303, ante. People r. Marine Ct., 18 Hun, 333. 3205. Summons, where served. The summons, in an action brought in the court, may be served at any place within the county of Westchester, but not elsewhere. See note to 3203, ante. 3206. This title does not affect jurisdiction of the court, etc., in special proceedings. This title does not affect any provision of law, conferring upon the court, or upon the city judge of Yonkers, jurisdiction, power, or authority, in a special proceeding; or conferring upon the city judge of Yonkers power or authority, in an action brought in another court. New. TITLE IV. The district courts of the city of New-York, and the justices' courts of the cities of Albany and Troy. ARTICLE 1. Provisions generally applicable to all the courts specified in this title. 2. Provisions exclusively applicable to the district courts of the city of New-York. 3. Provisions exclusively applicable to the Justices' courts of Albany and Troy. ARTICLE FIRST. PROVISIONS GENERALLY APPLICABLE TO ALL THE COURTS SPECIFIED IN THIS TITLE. SEC. 3207. Service of complaint with summons; proceedings thereupon. 3208. Id.; and proof of service. 3209. Action to be commenced by service of summons. 3210. Order of arrest; warrant of attachment; requisition to re plevy. 3211. The last section qualified. 3212. Proceedings where title to real property is in question. 3214. Effect of this act, upon jurisdiction and proceedings. § 3207. Service of complaint with summons; proceedings thereupon. Section 3126 of this act applies to an action to recover upon or for breach of a contract, express or implied, brought in a district court of the city of New-York, in the justice's court of the city of Albany, or in the justice's court of the city of Troy. L. 1857, ch. 344, 15; L. 1873, ch. 182, 1 and 2. 3208. Id.; and proof of service. In an action brought in either of those courts, the summons, and, in a proper case, a copy of the complaint, may be served by any person not a party to the action; except that, where the action is brought in a district court of the city of New-York, a person, other than a constable or a marshal, serving the same, must be first empow ered to do so, either by the justice, or by the attorney to the corporation, as now prescribed by law. Proof of service thereof, by such a person, must be made by his affidavit; which must state the particular place, time, and manner of service, and that the athiant knew the person so served, to be the person mentioned and described in the summons, as defendant therein. See L. 1573, ch. 182, 1 and 3; L. 1857, ch. 344, 15; L. 1862, ch, 484, ! 14; L. 1864, ch. 569, § 2, and L. 1866, ch. 758. summons. § 3209. Action to be commenced by service of An action, brought in either of those courts, at any time after this chapter takes effect, must be commenced by the voluntary appearance of, and joinder of issue by, the parties, or by the service of a summons. New. Oakley v. Workingmen's U. B. Soc., 2 Hilt. 487; Newberger r. Campbell, 55 How. 313. § 3210. Order of arrest; warrant of attachment; requisition to replevy. - Articles third, fourth, and fifth of title second of chapter nineteenth of this act apply to an action brought in either of those courts, except as otherwise prescribed in the next section. New. 3211. The last section qualified. The provis ions of the last section are subject to the following qualifications: 1. Nothing contained in either of the articles, so made applicable, applies to an order of arrest, in an action brought in a district court of the city of New-York, or affects any provision of this title, relating to the jurisdiction of either of the courts specified in this title. 2. An order of arrest, in an action brought in the justice's court of Albany, or the justice's court of Troy, or a warrant of attachment, or a requisition to replevy, in either of those courts, or in a district court of the city of New-York, must be granted by, and directed to, and executed by, the officer empowered, by the statutes remaining in force after this chapter takes effect, to grant or execute, as the case requires, in the same court, a warrant to arrest, a warrant of attachment, or a requisition in an action to recover a chattel. 3. The manner of applying for, granting, and executing an order of arrest, a warrant of attachment, or a requisition to replevy, and the proceedings thereupon, and with respect thereto, as prescribed in the articles so made applicable, are subject to the statutes, remaining unrepealed after this chapter takes effect, specially applicable to those courts, or to either or any of them, prescribing the duties of the justices, or of the clerks thereof, or regulating the mode of transacting business in an action brought therein. New. § 3212. Proceedings where title to real property is in question. Sections 2951 to 2958 of this act, both inclusive, apply to an action, brought in either of those courts; except that, where the action is brought in a district court of the city of New-York, the surety upon the defendant's undertaking is liable, in the case specified in section 2952, to any amount, for which judgment might have been rendered by the district court, if the answer and undertaking had not been delivered. See Code of Proc., § 68. $3213. Appeals. An appeal from a judgment, rendered in a district court of the city of New York, may be taken, in the cases, and in the manner, prescribed in articles first and second of title eighth of chapter nineteenth of this act, with respect to an appeal to a county court, from a judgment rendered by a justice of the peace; and not otherwise. Such an appeal must be taken to the court of common pleas for that city and county. An appeal from the judgment rendered in the justice's court of the city of Albany, or the justice's court of the city of Troy, may be taken, in a case where an appeal may be taken to a county court, from a judg ment rendered by a justice of the peace, as prescribed in title eighth of that chapter; and in no other case. Such an appeal must be taken to the county court of the county, wherein the court is located. New. L. 1857, ch. 344, 76. Cushing . Vanderbilt, 7 Daly, 512; Carley r. Tomlinson, 5 id. 283; Bunker v. Latson, 1 E. D. S. 410; Edwards r. Drew, 2id, 55; Schwartz v. Bendel, id. 123; Story r. Bishop, 4 143 Meech r. Brown, 1 Hilt. 257; 4 Abb. 19; Mcllhenny r. Wasson, 1 Daly, 285; Schulzer e. Adelson, 8 Week. Dig. 137; Reed r. Warth, 2 Hilt. 281; Fuchs r. Pohlman, 2 Daly, 210; Langbeint. Weedersunn. 1 Law Bul. $; Jackson e. Smith, 16 Abb, 201; 25 How. 476; Pultz r. Diossy, 35 d. 27; Romaine . Kinsheimer, 2 Hilt. 519; Suydam e. Munson, 2 E. D. Smith, 198; De Agredar. Faulberg, 3 id. 178; Smith e. Van Brunt, 2i1. 534: Zinsser . Seiler, 7 Daly, 464. § 3214. Effect of this act, upon jurisdiction and proceedings. Except as otherwise specially prescribed in this title, this act does not affect any statutory provision remaining unrepealed after this chapter takes effect, relating to the jurisdiction and powers of either of those courts; the appointment, qualification, tenure of office, powers, or duties of the justices, or of the clerk, or any other officer thereof; or the proceedings therein; except that a provision of this or any other statute, whereby a proceeding in an action, brought in either of those courts, or a special proceeding, brought therein, or before a justice thereof, is assimilated, either expressly, or by reference to another provision of law, to a proceeding, in an action or a special proceeding be fore a justice of the peace, is deemed to refer to the corresponding proceeding, as prescribed in chapter nineteenth of this act. New. |
