Legal Opinion · Concurrence
Schaffer v. Riseley
New York Supreme Court
Decided March 15, 1887Published
Appeal from a judgment, entered upon a verdict rendered at the Ulster Circuit in favor of the defendant by the direction of the court.
1Concurrence
Mayham, J.:
I concur in the opinion of Learned, J. The order, on its face, does not recite jurisdictional facts to authorize the County Court to act in the premises. (Code of Civil Pro., §§ 2204, 2212) Nor does the proof aliunde supply the jurisdictional facts necessary to sustain the order. (Bullymore v. Cooper, 2 Lans. 71; affirmed in 46 N. Y., 236.)
2Cases cited2 opinions
- Bullymore v. . CooperNew York Court of Appeals · 1871
- Bullymore v. CooperNew York Supreme Court · 1869