Legal Opinion

Smith v. Dunn

Appellate Terms of the Supreme Court of New York

Decided February 15, 1905PublishedCited by 4 opinions

Appeal by the defendant from a judgment, rendered in favor of the plaintiff in the Municipal Court of the city of Hew York, second district, borough of The Bronx.

1Opinion of the CourtMcCall, J.

The summons in this action was issued upon the 8th day of September, 1904, and demanded judgment against the defendant for “ the sum of five hundred dollars and interest from the 25th day of July, 1904 together with the costs of this action.” Accompanying the summons and served at the same time was a verified complaint in which the demand for judgment was in the same words as contained in the summons. A motion was made by the defendant to dismiss the complaint upon the ground that the court had no jurisdiction. The plaintiff thereupon offered to waive the interest,. and judgment was…

2Cases cited2 opinions

  1. Heffron v. JenningsAppellate Division of the Supreme Court of the State of New York · 1901
  2. Pierson v. HughesAppellate Terms of the Supreme Court of New York · 1904

3Cited by4 opinions

  1. Gigliotti v. JacksinaAppellate Division of the Supreme Court of the State of New York · 1923
  2. Goodman v. JamiesonAppellate Terms of the Supreme Court of New York · 1911
  3. State Ex Rel. Talaba v. MorelandOhio Supreme Court · 1936
  4. Warden v. GoldmanAppellate Terms of the Supreme Court of New York · 1914

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