Parkhurst v. Rochester Lasting Machine Co.
New York Supreme Court
Appeal from Monroe county court. Action by Emmons M. Parkhurst against the Rochester Lasting Machine Company. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtDwight, P. J.
The objection to the jurisdiction of the county court in an action against a foreign corporation, though taken for the first time on this appeal, must be fatal to the judgment. That the county court has, by the statutes which define its powers, no jurisdiction of such actions, is conceded. It is contended that in this case it obtained jurisdiction by the consent of the *396defendant, which appeared generally, and answered to the merits. The position is untenable. Consent may give jurisdiction of the person, but not of the subject-matter, nor of the action. The question in this case was not of…
2Cases cited1 opinion
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
3Cited by7 opinions
- Wachtel v. Diamond State Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- In re CaffreyAppellate Division of the Supreme Court of the State of New York · 1900
- King v. NortonNew York Supreme Court · 1901
- Raynes v. Bloom, New York County Courts1904
- Lehigh & New England Railroad v. American Bonding & Trust Co.Appellate Terms of the Supreme Court of New York · 1903
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