Legal Opinion
Emmons v. McFaul
City of New York Municipal Court
Decided February 8, 1949Published
1Opinion of the CourtSkerritt, J.
This is a motion by defendant Rollins, who resides in Cayuga County, New York, to dismiss the complaint on the ground that this court does not have jurisdiction of the subject of the action as against this defendant.
The summons and complaint were served on him in the city of Syracuse, Onondaga County, and he has appeared generally. From such appearance, with its implied waiver as to jurisdiction of the person, this court acquired jurisdiction of the person of this, defendant. (Civ. Prac. Act, § 237; 2 Carmody on New York Pleading and Practice [2 ed.], 749; 1 Wait on New York Practice [4th…
2Cases cited5 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Franklin Sugar Refining Co. v. LipowiczNew York Court of Appeals · 1928
- Beeman v. MayCity of New York Municipal Court · 1948
- Prioletti v. BowmanCity of New York Municipal Court · 1948