Collard v. Beach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick C. Beach, from an order óf the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 22d. day of January, 1904, denying the defendant’s motion for a dismissal of the complaint upon the ground that the court should decline to entertain jurisdiction of the action, both parties thereto being non-residents.
1Opinion of the Court
Laughlin, J.:
Upon a former appeal herein we pointed out the impropriety of the Supreme Court entertaining jurisdiction of this action, owing to the fact that the cause of action is for tort, and arose in another State of which both parties were and are residents and citizens. (81 App. Div. 582.) We, however, refrained from a dismissal of the complaint for the reason that the question was not raised at the trial and the circumstances might have changed in the meantime. There is no controversy over the facts and no objection was raised to the disposition of the question by motion at Special…
2Cases cited3 opinions
- Collard v. BeachAppellate Division of the Supreme Court of the State of New York · 1903
- Wertheim v. ClergueAppellate Division of the Supreme Court of the State of New York · 1900
- Johnson v. DaltonNew York Supreme Court · 1823
3Cited by11 opinions
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- Sacco v. Baltimore & OR Co.District Court, E.D. New York · 1944
- Anderson v. Delaware, Lackawanna & Western RailroadPassaic County Circuit Court, N.J. · 1940
- Ray v. SommerCourt of Appeals of Arizona · 1971
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