Sheridan v. . Jackson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon an order dismissing plaintiff’s complaint on trial. The substance of the complaint and the facts appear sufficiently in the opinion. A receiver may waive his immunity from suit by a general appearance in the action. (Hubbell v. Dana, 9 How., 424; Jay’s Case, 6 Abb., 293; High on Receivers, § 261; 1 Wait’s Pr., 199, 200; Chaut.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon an order dismissing plaintiff’s complaint on trial. The substance of the complaint and the facts appear sufficiently in the opinion. A receiver may waive his immunity from suit by a general appearance in the action. (Hubbell v. Dana, 9 How., 424; Jay’s Case, 6 Abb., 293; High on Receivers, § 261; 1 Wait’s Pr., 199, 200; Chaut. Co. Bk. v. Risley, 19 N. Y., 376; Parker v. Browning, 8 Paige, 389; Wiswall v. Sampson, 14 How. [U. S.], 52.) The complaint stated facts…
1Opinion of the CourtEarl, J.
On the trial of this action, after plaintiff had opened his case, the court dismissed the complaint on the ground that it did not state facts sufficient to constitute a cause of action. He did not ask for leave to amend his complaint, but he excepted to the decision and appealed to the General Term, and then to this court, insisting all the time that his complaint was sufficient. Under such circumstances the complaint must be treated here as if it had been demurred to, and the sole question to be considered here is, whether it sufficiently states a cause of action ?
It alleges that plaintiff “…
2Cases cited1 opinion
- Scofield v. . WhiteleggeNew York Court of Appeals · 1872
3Cited by22 opinions
- Kley v. . HealyNew York Court of Appeals · 1891
- De Wolf v. . FordNew York Court of Appeals · 1908
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Oakeshott v. SmithAppellate Division of the Supreme Court of the State of New York · 1905
- Stutsman County v. MansfieldSupreme Court Of The Territory Of Dakota · 1888
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