Wiggins v. Russel

Order of Appellate Term modified so as to provide that the judgment appealed from shall be without prejudice to plaintiff’s right to commence a new action, and as so modified unanimously affirmed, with costs to respondents. The Municipal Court had no jurisdiction to entertain this action. (N. Y. City Mun. Ct. Code, § 73 Comonwealth Finance Corp. v. De Vito, 179 N. Y. Supp. 67.) Plaintiff made the chattel mortgagor a party defendant and asked for a relief against her in the complaint. Although in default, she was a party to the action and judgment could be entered against her. The fact that…