Clyde & Rose Plankroad Co. v. Baker
New York Supreme Court
Motion to set aside nonsuit, and for a new trial, -on bill of exceptions. The action was commenced by summons and complaint in the county court of Wayne county.
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Motion to set aside nonsuit, and for a new trial, -on bill of exceptions. The action was commenced by summons and complaint in the county court of Wayne county. The complaint in that court set forth that the plaintiffs were, and, since on or about the 7th day of April, 1848, had been an incorporated company, duly organized pursuant to the provisions of an act of the legislature of the state of New-York, entitled, “An Act to Provide for the Incorporation of Companies to Construct Plank-roads, and of Companies to Construct Turnpike Roads,” passed May 7th, 1847, and the acts amending the same.…
1Opinion of the Court
Welles, Justice.
Under the facts stated by the plaintiffs’ counsel in his opening, and which were offered to be proved, the jurisdiction of the county court did not depend upon the residence of the defendant, nor whether such residence was in. the county of Wayne. That fact would be important, on the question of jurisdiction, only in a case where the action was. originally commenced in the county court.
If it was necessary in this case that the complaint or summons, or any of the pleadings, should show the defendant to have been a resident of the county of Wayne at the time of the commencement…
2Cited by2 opinions
- Vogel v. BanksAppellate Division of the Supreme Court of the State of New York · 1901
- Raynes v. Bloom, New York County Courts1904