Legal Opinion

Jackman v. Hasbrouck

Appellate Division of the Supreme Court of the State of New York

Decided May 25, 1915PublishedCited by 11 opinions

Appeal by the defendants, Jackman Herrick and others, from an order of the Supreme Court, made at the Dutchess Special Term and entered in the office of the clerk of the county of Dutchess on the 2'Tth day of March, 1915, denying their motion to dismiss the complaint herein.

1Opinion of the Court

Carr, J.:

When this action came on for trial at Special Term in Dutchess county, and, at the opening thereof, four of the defendants moved to dismiss the complaint on the ground that the court was without jurisdiction of the subject-matter of the action. The motion was denied and the trial proceeded and is still continuing. A formal order was entered on the. denial of the motion to dismiss, and an appeal was taken from the order. This appeal is now before this court, although, as conceded on the oral argument, the action is still in the process of trial and no judgment, interlocutory or…

2Cases cited1 opinion

  1. Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909

3Cited by11 opinions

  1. Fine v. CumminsAppellate Division of the Supreme Court of the State of New York · 1940
  2. Brown v. MichelettiAppellate Division of the Supreme Court of the State of New York · 1983
  3. Bliss v. LondnerAppellate Division of the Supreme Court of the State of New York · 1964
  4. Stevens v. NaumburgAppellate Division of the Supreme Court of the State of New York · 1925
  5. Flynn v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1946

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