American Cutlery Co. v. Alexander
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment and order of the Municipal Court of the city of Hew York, borough of Manhattan, seventh district, overruling defendant’s demurrer to the complaint.
1Opinion of the CourtSeabury, J.
The complaint fails to state facts sufficient to constitute a cause of action, and the demurrer which was interposed to it upon this ground should have been sustained.
The judgment sued upon was rendered in a Justice’s Court in the 'State of Hew Jersey. It is conceded that, if the *381allegation that the judgment was docketed in the Court of Common Pleas is to be interpreted as equivalent to an allegation that the judgment sued upon became a judgment of a court of record, the Municipal Court is without jurisdiction. Mun. Ct. Act, § 1, suhd. 6. If we disregard the allegation that the judgment was…
2Cases cited4 opinions
- McLaughlin v. NicholsNew York Supreme Court · 1861
- Halstead v. BlackNew York Supreme Court · 1864
- Hollister v. HollisterNew York Supreme Court · 1854
- Huie v. DevoreAppellate Division of the Supreme Court of the State of New York · 1910