Ussop v. American West African Line, Inc.

Defendant brings on at Special Term a motion to vacate the judgment rendered against it after trial. The application is being disposed of by the same justice who heard the case, without a jury, and decided against defendant, awarding plaintiff $4,800 on the first count and $300 on the second.

Defendant’s position now is that this court did not have jurisdiction of the subject-matter, a position not taken until after judgment.

The action was commenced by the service of the summons, which indicated no stated amount of claim. This was followed by the service of a notice of appearance; and the…