Bates v. Reynolds
The Superior Court of New York City
This action was commenced by the service of the summons and complaint herein upon the defendant, Reynolds, in the city of New York. After which service, a copy of the summons and complaint was served on the defendant, Slingerland, by the sheriff of Greene county, at New Baltimore, in that county.
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This action was commenced by the service of the summons and complaint herein upon the defendant, Reynolds, in the city of New York. After which service, a copy of the summons and complaint was served on the defendant, Slingerland, by the sheriff of Greene county, at New Baltimore, in that county. The complaint alleges, in substance, that the defendants were copartners, and as such were 'common carriers; and doing business as common carriers, in the conveyance of goods for hire between New Baltimore and the city of New York. That on the 25th day of August, 1860, at New Baltimore, the plaintiff…
1Opinion of the CourtWoodruff, J.
—The notice of motion in this case proposes to strike out, as irrelevant and immaterial, so much of the answer 'of the defendant, Reynolds, as sets up, by way of defense, that this court has no jurisdiction of this action, or for such other or further relief, &c.
As nothing is said in the answer on the subject of juris*687diction, the notice in those terms can hardly be said to designate, with appropriate distinctness, the precise portion of the answer to which it refers. The motion was nevertheless argued, without objection as to the form of the notice; and, as argued, it was applied to those…
2Cases cited3 opinions
- Bank of Orange v. BrownNew York Supreme Court · 1829
- Hasselman v. YandesIndiana Superior Court · 1873
- West v. BrewsterThe Superior Court of New York City · 1852
3Cited by3 opinions
- Johnson v. AckersonNew York Court of Common Pleas · 1870
- Lazzarone v. OisheiSuperior Court of Buffalo · 1892
- Blakelee v. BuchananNew York Supreme Court · 1872