Thiem v. Madden
New York Supreme Court
Appeal from an order of the County Court of Monroe county, denying a motion by plaintiffs to set aside the taxation of costs and vacate a judgment in favor of defendants for costs, entered on an order of the said court, dismissing the plaintiff’s complaint on the ground that the court had not jurisdiction of the subject-matter of the action.
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Appeal from an order of the County Court of Monroe county, denying a motion by plaintiffs to set aside the taxation of costs and vacate a judgment in favor of defendants for costs, entered on an order of the said court, dismissing the plaintiff’s complaint on the ground that the court had not jurisdiction of the subject-matter of the action. The action was brought in the County Court of Monroe county, to recover the possession of a piece of land situate in the city of Rochester. The defendants answered denying the complaint, setting up the defense of the statute of limitations and adverse…
1Opinion of the Court
HakdiN, J.:
Omission to demur does not waive the objection to the jurisdiction of the court. Such an objection may be raised at any time during the trial. (Code of Civil Procedure, § 499; Code, § 148; Burnham v. De Bevorse, 8 How., 159; Budd v. Bingham, 18 Barb., 494; Volarino v. Thompson, 3 Seld., 576; People v. Banker, 8 How. Pr., 258; Mosselman v. Caen, 1 Hun, 648; S. C., 21 How., 248; S. C., 34 Barb., 66; King v. Poole, 36 Barb., 247.)
Upon the trial of this action the County Court had “ power to decide the question of its own jurisdiction or its right to proceed,” and having made a…
2Cases cited7 opinions
- Veazie v. WilliamsSupreme Court of the United States · 1850
- King v. PooleNew York Supreme Court · 1862
- Maguire v. CardSupreme Court of the United States · 1859
- Gormly v. McIntoshNew York Supreme Court · 1856
- Budd v. BinghamNew York Supreme Court · 1854
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