Legal Opinion

Holbrook v. Baker

New York Supreme Court

Decided December 15, 1878Published

Appeal from a judgment entered, in the County Court of Westchester county, upon an order dismissing the complaint herein, on the ground that it appeared from the complaint that the court had not jurisdiction of the action. This action was brought in the Westchester County Court to recover for goods, wares and merchandise sold and delivered. The defendant appeared by his attorney, and answered on the merits.

Read the full summary

Appeal from a judgment entered, in the County Court of Westchester county, upon an order dismissing the complaint herein, on the ground that it appeared from the complaint that the court had not jurisdiction of the action. This action was brought in the Westchester County Court to recover for goods, wares and merchandise sold and delivered. The defendant appeared by his attorney, and answered on the merits. On the trial, after a jury had been impanneled and sworn, a motion was made by defendant’s counsel to dismiss the complaint, on'the ground that it did not state upon its face that the…

1Opinion of the Court

GILBERT, J.:

If the complaint in this case does not show that the County Court had jurisdiction of the person of the defendant, it contains nothing showing that such court had not jurisdiction thereof. The complaint was dismissed on the latter ground. That was error. In the case of Judge v. Hall (5 Lans., 69), this point was, we think, erroneously decided. The Code of Civil Procedure (§ 498) author*177izes sucb an objection to be taken by answer. If not so taken, it is waived, for when tbe court has jurisdiction of the subject-matter an appearance will confer jurisdiction of the person. (McCormick…

2Cases cited2 opinions

  1. McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
  2. Judge v. HallNew York Supreme Court · 1871

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API