Muttart v. Muttart
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Mary R. Muttart against Alder C. Muttart. From a judgment sustaining a demurrer to the complaint, plaintiff appeals. Appeal dismissed.
1Opinion of the CourtLeventritt, J.
The appeal, having been taken only from the order sustaining the demurrer, cannot be entertained. Stoddard v. Bell, 100 App. Div. 389, 91 N. Y. Supp. 477. If we could consider it, we should have to hold that the complaint is insufficient. It is defective to sustain in any court an action, as on a New Jersey judgment. Beyond this, however, taking notice, for the pur*469pose of this opinion, that the Court of Chancery of New Jersey is a court of record, it is clear that, under subdivision 6 of section 1 of the Municipal Court act (Laws 1902, p. 1488, c. 580), the court below had no jurisdiction.
Appe…
2Cases cited1 opinion
- Stoddard v. Bell & Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- McManus v. McManusAppellate Terms of the Supreme Court of New York · 1914
- Swing v. KaufmanAppellate Terms of the Supreme Court of New York · 1909
- Howard v. SattlerAppellate Terms of the Supreme Court of New York · 1907
- Wiesenberg v. RosenbergNew York Supreme Court · 1914