Middlebrook v. . Broadbent
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment entered upon decision of the court at Special Term in favor of plaintiff.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment entered upon decision of the court at Special Term in favor of plaintiff. This is an action in equity upon a bond given by defendants t« the plaintiff, conditioned that if upon due examination of the record in Washington, and of the letters patent granted, etc., it shall appear to be a fact that certain letters patent then sold to plaintiff for making paper were good and valid, and secured the exclusive right thereto, etc., then the bond to be void. Averment that they were not…
1Opinion of the CourtPeckham, J.
This cause has been tried upon the merits at the circuit, the judgment thereon affirmed at the General Term, and now for the first time, so far as the case shows, the point is raised that a State court has no jurisdiction to try the question litigated. Ho such question is presented in the answer or raised at the trial. But after trying the case upon the merits and being beaten, and judgment affirmed, they come late and raise a question of jurisdiction that should have been presented in JÁ/rmne by demurrer. If well taken, the demurrer would have saved great labor and expense.
Perhaps they have…
2Cases cited8 opinions
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Brooks v. StolleyU.S. Circuit Court for the District of Ohio · 1845
- Cross v. HuntlyNew York Supreme Court · 1835
- Gibson v. WoodworthNew York Court of Chancery · 1840
- Burrall v. JewettNew York Court of Chancery · 1830
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- Continental Store Service Co. v. . ClarkNew York Court of Appeals · 1885
- Hovey v. . Rubber Tip Pencil Co.New York Court of Appeals · 1874
- De Witt v. . Elmira Nobles Manufacturing Co.New York Court of Appeals · 1876
- Shoemaker v. South Bend Spark Arrester Co.Indiana Supreme Court · 1893
16 more not listed; retrieve them via the Exa API.