Legal Opinion

Routenberg v. Schweitzer

Appellate Terms of the Supreme Court of New York

Decided November 15, 1899PublishedCited by 3 opinions

Appeal from a judgment in favor of the plaintiff, rendered in the Municipal Court of the City of Hew York, fourth district,, borough of Manhattan.

1Opinion of the CourtLeventkitt, J.

This judgment must be reversed for lack of proof of the requisite fact of the defendant’s residence within the jurisdiction of the court. Upon the return of the summons the defendant formally insisted that he was a nonresident and presented affidavits containing positive allegations that, at that time and for the preceding eleven years, he had been a resident of Greenville, South Carolina. Counter affidavits were submitted by the plaintiff, whereupon the justice found “ that the defendant had a place of business in the city (Hew York.)”

This finding will not satisfy the jurisdictional…

2Cases cited1 opinion

  1. Tyroler v. GummersbachAppellate Terms of the Supreme Court of New York · 1899

3Cited by3 opinions

  1. R. v. Smith Supply Co. v. BlackNew Mexico Supreme Court · 1939
  2. Langman v. MilburyAppellate Terms of the Supreme Court of New York · 1900
  3. Langman v. MilburyAppellate Terms of the Supreme Court of New York · 1900

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