Oliver v. Oliver

I dissent and favor reversal. The appearance by the plaintiff with a request for a summons gave the Justice Court of Triangle jurisdiction so far as she was concerned. (Hewitt v. Northrup, 75 N. Y. 506; Fisher v. Hepburn, 48 id. 41; Matter of Youker, 217 App. Div. 347.) The general appearance by the defendant, the filing of his answer, the request for a jury, the participation in the trial, were all acts which amounted to a waiver by the defendant of the question of jurisdiction of his person. (Huber v. Ehlers, 76 App. Div. 602; Belden v. Wilkinson, 44 id. 420.) Section 148 of the Justice…