Gervais v. Chicago, Rock Island & Pacific Railroad
New York Supreme Court
At chambers. Action by George E Gervais against the Chicago, Rock Island & Pacific Railroad Company. Defendant demurrs to plaintiff's complaint on the ground that the court has not jurisdiction of the person of defendant.
1Opinion of the CourtPaterson, J.
The demurrer must be overruled. It does not appear on the face of the complaint that the plaintiff is a non-resident. In section 488 of the Code of Civil Procedure there are eight grounds of demurrer to a complaint stated, and defects in that pleading, to be available as grounds of demurrer, must appear on face of the complaint. The objection in this cause would arise under subdivision 1 of section 488, viz., that the court has not jurisdiction of the person of the defendant. But that does not appear on the face of the complaint; it is not stated that the plaintiff is a non-resident, and…
2Cited by1 opinion
- Bushansky v. LantinbergAppellate Terms of the Supreme Court of New York · 1914