Baer v. Kempner
New York Court of Common Pleas
Appeal from Sixth district court. Action originally brought by Baer against one Mead, who obtained an order of interpleader, bringing in Kempner. Judgment was rendered in favor of Baer, and Kempner appeals.
1Per curiam
The cases relied on by the appellant, and reported in 2 E. T>. Smith, 84, 244, are not expository of the law as it now exists, but were decided when the statute declared that every judgment of a district court was absolutely null and void where it appeared that neither the plaintiff nor the defendant resided in the district in which the action was brought. The statute now in force does not make a judgment void because both parties to an action are non-residents of the district. It merely provides that the action shall be dismissed, with costs, when it is objected at the trial, and proved by…
2Cited by2 opinions
- United States v. 329.22 Acres of Land, More or LessDistrict Court, M.D. Florida · 1968
- Whitman & Barnes Mfg. Co. v. HamiltonAppellate Terms of the Supreme Court of New York · 1899