Mulkins v. . Snow
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1920, affirming a judgment in favor of defendants entered upon an order of Special Term granting a motion by defendants for judgment on the pleadings. The court below committed reversible error in holding that a plaintiff in the Supreme Court of this state must allege jurisdiction facts.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1920, affirming a judgment in favor of defendants entered upon an order of Special Term granting a motion by defendants for judgment on the pleadings. The court below committed reversible error in holding that a plaintiff in the Supreme Court of this state must allege jurisdiction facts. (N. Y. Const, art. 6, § 1; Hart v. Hatch, 3 Hun, 375; Alexander v. Bennett, 60 N. Y. 204; People ex rel. Ryan v. Green, 58 N. Y. 295; People v. Nichols, 79 N. Y. 582; People ex rel.…
1Opinion of the CourtPound, J.
The action is brought by plaintiff to determine her right of possession of land, on the Cattaraugus Indian Reservation in Chautauqua county, New York, now in her possession and to bar defendants from any right therein. On a motion for judgment on the pleadings the complaint was dismissed. The parties are Seneca Indians. The defendants reside on the reservation. It does not appear where plaintiff resides. She alleges that she resides “ outside the territorial jurisdiction of the peacemakers’ court of said reservation,” but this is not the allegation of a fact. It does not appear on the face of…
2Cases cited5 opinions
- Seneca Nation of Indians v. ChristieNew York Court of Appeals · 1891
- People Ex Rel. Cusick v. . DalyNew York Court of Appeals · 1914
- George v. PierceNew York Supreme Court · 1914
- People ex rel. Jimeson v. ShongoNew York Supreme Court · 1913
- People ex rel. Jimeson v. ScottAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by22 opinions
- United States v. FornessCourt of Appeals for the Second Circuit · 1942
- Patterson v. Council of the Seneca NationNew York Court of Appeals · 1927
- Bowen v. DoyleDistrict Court, W.D. New York · 1995
- People Ex Rel. Ray v. MartinNew York Court of Appeals · 1945
- Cayuga Indian Nation of New York v. CuomoDistrict Court, N.D. New York · 1991
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