Gilbert v. . York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order ' made October 22, 1886, which affirmed a judgment of the County Court of Chautauqua county, in favor of defendants, entered upon a demurrer to the complaint. (Reported below, 41 Hun, 594.) The action was upon a money demand. The complaint did not allege that defendants were residents of the county.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order ' made October 22, 1886, which affirmed a judgment of the County Court of Chautauqua county, in favor of defendants, entered upon a demurrer to the complaint. (Reported below, 41 Hun, 594.) The action was upon a money demand. The complaint did not allege that defendants were residents of the county. The demurrer was, in substance, that the complaint did not state facts showing jurisdiction of the persons of the defendants or of the cause of action, and did not state facts…
1Opinion of the CourtAndrews, J.
The case of Frees v. Ford (6 N. Y. 176) is a decisive authority upon the question presented in this record, unless the rules of pleading prescribed in the Code of Civil Procedure have changed the rule declared in that case, so that it is now unnecessary in an action brought in a County Court for the recovery of a money judgment, that the complaint should aver the jurisdictional fact that the defendant at the time of the commencement of the action is a resident of the county in which it is brought. The Constitution of 1846, ordained that the County Courts in the several counties, except Hew…
2Cases cited4 opinions
- Robertson v. CeaseSupreme Court of the United States · 1878
- People v. . BradnerNew York Court of Appeals · 1887
- Frees v. . FordNew York Court of Appeals · 1852
- Kundolf v. . ThalheimerNew York Court of Appeals · 1855
3Cited by38 opinions
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Tyroler v. GummersbachAppellate Terms of the Supreme Court of New York · 1899
- Poster v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
- Bunker v. LangsNew York Supreme Court · 1894
- Wachtel v. Diamond State Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1925
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