Ubart v. Baltimore & Ohio Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendant, The .Baltimore and Ohio Railroad Company, from a judgment of the Supreme Court in. favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 11th day of October, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of October, 1905, denying the defendant’s motion for a new trial made upon the minutes. ' Since the judgment was entered the plaintiff, Lizzie Ubart,…
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Appeal by tlie defendant, The .Baltimore and Ohio Railroad Company, from a judgment of the Supreme Court in. favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 11th day of October, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of October, 1905, denying the defendant’s motion for a new trial made upon the minutes. ' Since the judgment was entered the plaintiff, Lizzie Ubart, has died, and her administrator has been substituted.
1Opinion of the Court
Gaynor, J.:
It is claimed, by the appellant that the plaintiff- (now deceased) was not .a resident of the State at the time of the commencement of the action, and therefore could not maintain1 the action for the reason that the appellant is a foreign corporation (Code Civ. Pro. sec. 1780). There was no such issue on the pleadings. Our Supreme Oourt being a court of general jurisdiction its jurisdiction is’ pre-.' sumed unless lack of jurisdiction appear on the complaint itself. It is true that the complaint alleged that the plaintiff was a resident of the State, but no issue could be raised…
2Cases cited4 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Brown v. Travellers' Life & Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- In re City of Mount VernonNew York Supreme Court · 1901
3Cited by7 opinions
- Graham v. Coos Bay R. & N. Co.Oregon Supreme Court · 1914
- Grant v. GreeneNew York Supreme Court · 1908
- Mallory v. Virginia Hot Springs Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Persick v. Philadelphia & Coal & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Bushansky v. LantinbergAppellate Terms of the Supreme Court of New York · 1914
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