Kundolf v. Thalheimer
New York Supreme Court
Appeal by the defendants from a judgment of the county court of Monroe county. The action was for an assault and battery. The complaint was general, without any allegation as to the residence of the defendants.
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Appeal by the defendants from a judgment of the county court of Monroe county. The action was for an assault and battery. The complaint was general, without any allegation as to the residence of the defendants. The answer denied the complaint, and also set forth a justification, on the ground that the defendants were a committee of St. Peter’s church, in Rochester, and were engaged in keeping the doors closed, when' the plaintiff attempted to open them by force, and the alleged assault was made in resisting such attempt. The action was tried at the September term, 1858, and a verdict of fifty…
1Opinion of the Court
By the Court, Johnson, J
The only point made on the part of the appellants is, that it does not appear from the record that the county court in which the action was brought and tried *508had jurisdiction of the cause of action, there being no allegation that the defendants were all residents of Monroe county at the time of the commencement of the action. No such question appears to have been raised upon the trial, and nothing of the kind was set up by way of defense in the answer of the defendants. It is clear enough that had it appeared by the record that at the time of the commencement of the…
2Cases cited2 opinions
- Kempe's Lessee v. KennedySupreme Court of the United States · 1809
- Foot v. StevensNew York Supreme Court · 1837
3Cited by3 opinions
- In re the Estate of SpringAppellate Division of the Supreme Court of the State of New York · 1952
- Levy v. Melody, New York County Courts1906
- Benson v. CromwellNew York Supreme Court · 1857