McLaughlin v. Nichols
New York Supreme Court
Appeal from an order overruling a demurrer. The action-was upon a judgment recovered in another State. - The complaint.was in the following form: '■ The plaintiff states the following facts as constituting his complaint and cause of action herein, that the defendant is . justly indebted to him. in the sum-of, &c., together with interest thereon, from, &c., which said indebtedness arose and' accrued as follows ¡—That heretofore, to wit, on, &c.,in Warren County Circuit Court,…
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Appeal from an order overruling a demurrer. The action-was upon a judgment recovered in another State. - The complaint.was in the following form: '■ The plaintiff states the following facts as constituting his complaint and cause of action herein, that the defendant is . justly indebted to him. in the sum-of, &c., together with interest thereon, from, &c., which said indebtedness arose and' accrued as follows ¡—That heretofore, to wit, on, &c.,in Warren County Circuit Court, State of Flew Jersey, the plaintiff, by the judgment and consideration of the said court then there, recovered a…
1Opinion of the Court
By the Court.*— Emott, J.
—This is an action on a judgment alleged to have been recovered “in Warren County Circuit Court, State of New Jersey,” by the plaintiff against the defendants. The complaint contains no averment of any facts to give jurisdiction to the court in which the judgment was rendered, either of the persons of the defendants or of the cause of action, nor does it state what the jurisdiction of, the court is. The defendants demurred on account of the absence of these averments. Their demurrer was overruled as frivolous, and they have appealed.
The complaint cannot be vindicated…
2Cases cited2 opinions
- Foot v. StevensNew York Supreme Court · 1837
- Commercial Bank of Buffalo v. SparrowNew York Supreme Court · 1846
3Cited by6 opinions
- Kelley v. KelleyMassachusetts Supreme Judicial Court · 1894
- Gates v. NewmanIndiana Court of Appeals · 1897
- American Cutlery Co. v. AlexanderAppellate Terms of the Supreme Court of New York · 1911
- American Cutlery Co. v. AlexanderAppellate Terms of the Supreme Court of New York · 1911
- Baio v. ManganoAppellate Division of the Supreme Court of the State of New York · 1939
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