Decker v. People

Defendant originally moved for ‘' judgment dismissing the summons and complaint herein under Buie 106 of the Buies of Civil Practice, Subdivision 1 and Subdivision 4 thereof, on the ground that the Court has not jurisdiction of the subject of the action and the complaint does not state facts sufficient to constitute a cause of action.” On the return day the attorney representing the defendant stated in open court that the part of the motion instituted under subdivision 1 of said rule (that the court has not jurisdiction of the subject of the action) was withdrawn.

At the outset, it is…