McIyor v. McCabe
The Superior Court of New York City
Motion to set aside an order of arrest. This action was brought by Annie Mclvor against John EL McCabe, to recover damages for injuries to the person of plaintiff. The alleged injuries were inflicted at Jersey City, in the State of New Jersey, where both the parties resided. The defendant had a place of business in the city of New York, where he was served with the summons. An order of arrest was issued, which the defendant now moved to set aside.
1Opinion of the CourtMonell, J.
The action is brought to recover for personal injuries. The injuries were inflicted in New Jersey, while the parties were both residents of that State.
The motion to vacate the order of arrest is made upon the sole ground that this court has not jurisdiction of the cause of action.
Except so far as the place of trial of actions for injuries to the person has been regulated by statutes (1 Rev. L., 325; 2 Rev. Stat., 409), such actions have always been regarded as transitory, and triable in any county where the plaintiff might elect to bring his action (Co. Lit., 282; 1 Wils., 336); and it is not…
2Cases cited5 opinions
- Gardner v. ThomasNew York Supreme Court · 1817
- Percival v. HickeyNew York Supreme Court · 1820
- Smith v. BullNew York Supreme Court · 1837
- Glen v. HodgesNew York Supreme Court · 1812
- Beach v. Bay State Co.New York Supreme Court · 1858
3Cited by7 opinions
- Burdick v. . FreemanNew York Court of Appeals · 1890
- Flynn v. Central RailroadThe Superior Court of New York City · 1891
- Flynn v. Central Railroad of New JerseyThe Superior Court of the City of New York and Buffalo · 1891
- Alexander v. BennettThe Superior Court of New York City · 1874
- Flynn v. Central RailroadThe Superior Court of the City of New York and Buffalo · 1893
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