Pratt v. Pennsylvania Railroad
Appellate Terms of the Supreme Court of New York
Appeals by the .plaintiff from two orders of the Municipal Court of the city of New York, seventh district, borough of Manhattan, sustaining defendant’s demurrers to the amended complaints herein.
1Opinion of the Court
Per Gwriam.
Defendant demurred because it did not affirmatively appear upon the face of the complaint that plaintiff is a resident of the State. If not, the court has not jurisdiction. Code Civ. Pro., § 1780.
The jurisdiction of the Municipal Court does -not have to appear in the pleadings affirmatively any more than that of the Supreme Court. Meuthen v. Eyelis, 3-3 Mise. Rep. 98. The question of the plaintiff’s residence, therefore, does not have to appear in this instance. Herbert v. Montana Diamond Co., 81 App. Div. 212. So far as the obiter dicto, in O’Reilly v. New Brunswick A. & N. Y.…
2Cases cited3 opinions
- O'Reilly v. New Brunswick, Amboy & New York Steamboat Co.Appellate Terms of the Supreme Court of New York · 1899
- Herbert v. Montana Diamond Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1903
- Watson v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Edward Todd & Co. v. Southern Pacific Co.New York Supreme Court · 1915
- Edward Todd & Co. v. Southern Pacific Co.Appellate Terms of the Supreme Court of New York · 1915