Bushansky v. Lantinberg
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Court of the city of New York overruling a demurrer to a separate defense.
1Opinion of the CourtSeabury, J.
The plaintiff, through his guardian ad litem, sues the defendant in the City Court of New York to recover damages for an assault alleged to have been committed by the defendant upon the plaintiff. The answer alleges as a separate defense ‘ ‘ that this court has not jurisdiction of the person of the defendant.” The plaintiff demurs to this defense on the ground “ that it is insufficient in law on the face thereof.” The court below overruled the demurrer, thereby adjudging said defense to be sufficient.
If the defendant desired to plead that the court had *38no jurisdiction of Ms person, it was…
2Cases cited4 opinions
- Ubart v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- People Ex Rel. Brownell v. Board of AssessorsNew York Court of Appeals · 1908
- Standard Sewing Machine Co. v. KattellAppellate Division of the Supreme Court of the State of New York · 1909
- Gervais v. Chicago, Rock Island & Pacific RailroadNew York Supreme Court · 1890