Sanchez de Agreda v. Faulberg
New York Court of Common Pleas
Appeal from the Marine Court. The action was brought by warrant, but the return did not show that any proof had been required, before the issuing of the warrant, that either of the plaintiffs or the defendant was a non-resident of the city and county of Eew York, and there was nothing from which to infer that security had been given, upon the commencement of the suit.
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Appeal from the Marine Court. The action was brought by warrant, but the return did not show that any proof had been required, before the issuing of the warrant, that either of the plaintiffs or the defendant was a non-resident of the city and county of Eew York, and there was nothing from which to infer that security had been given, upon the commencement of the suit. (See 2 Revised Laws of 1813, p. 385, § 119; and see § 133-4.) On the return of the process, the defendant appeared by counsel, and objected to the jurisdiction of the court, on the ground, first, that the case was not one in…
1Opinion of the CourtBy the Court. Daly, J.
The defendant by pleading to the merits, waived any objection to the process. (Robinson v. West, 1 Sand. S. C. 19.)
The provision of the statute allowing the amendment of process (2 R. S. 519, 3d ed.) authorizes the amendment of process in form of substance, in furtherance of justice, by the court, in all actions in courts at law. The provisions in this statute are to be considered as remaining in connection with the provisions authorizing amendments in the Code, (Brown v. Babcock, 1 Code R. p. 66); and we think there can be no doubt that it applies to the Marine Court. (Bruce v. Benson, 10…
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