Crowley v. Royal Exchange Shipping Co.
New York Court of Common Pleas
Appeal from an order of this court vacating the service of a summons and complaint. The action was brought against a foreign corporation, to recover damages for a personal injury to plaintiff, committed out of the state. Upon the hearing it appeared that the plaintiff was a non-resident of the state, and the motion to set aside the service of the summons and complaint was granted. From the order entered thereon the plaintiff appealed.
1Opinion of the CourtJ. F. Daly, J.
This court had no jurisdiction of the action. A late decision of the Supreme Court, general term *410of the first department, holds, that the objection, if the want of jurisdiction appear on the face of the complaint, should be taken by demurrer, otherwise by answer; and that the question of jurisdiction should not be tried upon affidavits (Johnson v. Adams Tobacco Co., 14 Hun, 89). Where a question of fact arises upon the motion raising an issue as to jurisdiction, the case cited is good authority for denying the application, and leaving the defendant to his answer ; but where the facts are…
2Cases cited1 opinion
- Cumberland Coal Co. v. ShermanNew York Supreme Court · 1858
3Cited by1 opinion
- Persick v. Philadelphia & Coal & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1918