Gemp v. Pratt
New York Court of Common Pleas
Motion to set aside the service of the summons and complaint in the action, on the ground that the court had not ' acquired jurisdiction of' the person of the defendant by the-service of the summons and complaint on him in Queen’s-", county. The action was for the agreed price of goods alleged iiY the complaint to have been sold and delivered to the defen-" dant at the city of New York.
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Motion to set aside the service of the summons and complaint in the action, on the ground that the court had not ' acquired jurisdiction of' the person of the defendant by the-service of the summons and complaint on him in Queen’s-", county. The action was for the agreed price of goods alleged iiY the complaint to have been sold and delivered to the defen-" dant at the city of New York. The motion was made on-the summons and complaint and an affidavit of the defendant (sworn to May 3d, 1877), in" which he swore that he had never been a resident of the city' and county of New York; that he was…
1Opinion of the CourtJoseph F. Daly, J.
Under section 33 of the Code this-court had no jurisdiction of a merely personal or transitory action, unless the defendant was a resident of the city of New York, or was served with the summons therein. The act of 1873 (chap. 239) conferred jurisdiction over a defendant served with our process in any county of the State, and this-included, of course, actions where the cause of action arose-in the city of New York, but the defendant did not reside? *199there, as well as actions where the cause of action did not arise, and defendant did notreside in this, city, although jurisdiction was not…
2Cases cited4 opinions
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
- Hoag v. . LamontNew York Court of Appeals · 1875
- International Bank v. . BradleyNew York Court of Appeals · 1859
3Cited by3 opinions
- Rockwell v. RaymondYonkers City Court · 1889
- Wilson Manufacturing Co. v. SchwindThe Superior Court of the City of New York and Buffalo · 1893
- Heenan v. New York, West Shore & Buffalo Railway Co., New York County Courts1884