Eldred v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Carrie A. Eldred, from a judgment of the County Court of Queens county in favor of the defendant, The City of New York, entered in the office of the clerk of said county on the 29th day of January, 1913, upon a dismissal of the complaint as to the defendant, The City of New York, by direction of the court at the opening of the case.
1Opinion of the Court
Rich, J.:
This action was brought in the County Court of Queens county to recover for personal injuries.
When the case was moved for trial the defendant the city of New York asked to amend its answer by alleging want of jurisdiction in the trial court of the person of the respondent, or of the subject-matter of the action, and after the amendment was allowed moved to dismiss the complaint as to it for *302want of jurisdiction. The motion was granted and from the judgment accordingly entered this appeal is taken. It is conceded that jurisdiction was not conferred by the appearance or answer of the…
2Cases cited1 opinion
- Maisch v. . City of New YorkNew York Court of Appeals · 1908
3Cited by2 opinions
- Mayor of Arlington v. CalhounSupreme Court of Georgia · 1918
- Andraka v. Town of PompeyAppellate Division of the Supreme Court of the State of New York · 1956