Yager v. Yager
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Sears, J.:
The complaint in this action in the County Court of Erie county contains no allegation as to the residence of the defendant. The defendant has appeared specially and made a motion under section 280 of the Civil Practice Act and rule 106 of the Rules of Civil Practice to dismiss the complaint on the sole ground that it fails to allege facts sufficient to constitute a cause of action.
The jurisdiction of the County Court is limited to cases in which the defendant is a resident of the county. (N. Y. Const. art. 6, § 14; Civ. Prac. Act, § 67, subd. 3.) It has long been the settled law…
2Cases cited10 opinions
- Gilbert v. . YorkNew York Court of Appeals · 1888
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
- Fulton Fire Insurance Co. v. . BaldwinNew York Court of Appeals · 1868
- Meyers v. . American Locomotive Co.New York Court of Appeals · 1911
- Bunker v. LangsNew York Supreme Court · 1894
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3Cited by10 opinions
- Grant v. StateNew York Court of Claims · 1948
- Myuskovich v. State Ex Rel. OsbornWyoming Supreme Court · 1943
- Hassett v. BarnesAppellate Division of the Supreme Court of the State of New York · 1960
- Wolfe v. BlackmanAppellate Division of the Supreme Court of the State of New York · 1952
- Lindemann v. WolfAppellate Division of the Supreme Court of the State of New York · 1931
5 more not listed; retrieve them via the Exa API.