Stillman v. Stillman

We consider that the only matter before us for judicial determination is whether Mr. Justice Morsehauser had jurisdiction to determine the motion. A notice of motion does not in itself bring the case within the control of any particular justice. Jurisdiction is obtained by a particular justice only when the notice of motion is brought on for hearing, and not by a service of the notice. At the time when the order to show cause was signed by Mr. Justice Morsehauser the motion had not been brought on for a hearing at Nyaek. Therefore we reach the conclusion that Mr. Justice Morsehauser had…