Legal Opinion

The People v. . Central R.R. Co. of N.J.

New York Court of Appeals

Decided June 5, 1870PublishedCited by 33 opinions

Appeal from a judgment entered upon the decision of the General Term of the Supreme Court, in the first judicial district, affirming a judgment rendered in favor of the plaintiff, on trial before Mr. Justice Sutherland.

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Appeal from a judgment entered upon the decision of the General Term of the Supreme Court, in the first judicial district, affirming a judgment rendered in favor of the plaintiff, on trial before Mr. Justice Sutherland. This is an action commenced by the attorney-general in behalf of this State, to abate as nuisances, and cause the removal of certain wharves, bulkhead, piers, and railroad tracks, and other erections, placed by the defendants in the harbor of New York, and extending into said harbor and the Hudson river, about a mile from the New Jersey shore. It is claimed in the complaint,…

1Opinion of the CourtE. Darwin Smith, J.

The protest with which the defendants commence their answer, wherein they declare and insist that the court had no jurisdiction over the person of the defendants or over the subject of the action or pretended cause of action, set forth in the complaint, and that the said complaint does not state facts sufficient to constitute a cause of action, presents the leading and controlling point upon which this action depends.

The voluntary appearance of the defendants in the action, gave the Supreme Court jurisdiction of their persons. Their submission to answer, after their demurrer presenting the…

2Cases cited1 opinion

  1. State of New Jersey v. the State of New YorkSupreme Court of the United States · 1831

3Cited by33 opinions

  1. State v. FederankoSupreme Court of New Jersey · 1958
  2. Ferguson v. . RossNew York Court of Appeals · 1891
  3. Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
  4. Dutton v. TawesCourt of Appeals of Maryland · 1961
  5. Central R. Co. of NJ v. Jersey CitySupreme Court of the United States · 1908

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