Frees v. Blyth
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas H. Frees, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of December, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 11th day of January, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This is an action upon a judgment recovered in the City Court of Yew York upon a default. That court, though enumerated as a court of record in section 2 of the Code of Civil Procedure, “ is only a local statutory court of inferior jurisdiction.” (McCann v. Gerding, 29 Misc. Rep. 283.) “ The facts necessary to the jurisdiction will not be presumed, but must be made to appear affirmatively.” (Beaudrias v. Hogan, 16 App. Div. 38. See, too, Gilbert v. York, 111 N. Y. 544.) It appears from the record of the judgment roll that the affidavit of the service of the summons, with notice, is…
2Cases cited9 opinions
- Thompson v. . BurhansNew York Court of Appeals · 1874
- Cook v. . WhippleNew York Court of Appeals · 1873
- Gilbert v. . YorkNew York Court of Appeals · 1888
- Smith v. . Central Trust Co.New York Court of Appeals · 1897
- Wall v. . the Buffalo Water Works CompanyNew York Court of Appeals · 1858
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3Cited by5 opinions
- Friedman v. Metropolitan Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Werbelovsky v. MichaelAppellate Division of the Supreme Court of the State of New York · 1905
- Bowman v. SeamanAppellate Division of the Supreme Court of the State of New York · 1912
- Cochran v. WhitneyAppellate Terms of the Supreme Court of New York · 1910
- Edgerley v. BlackburnAppellate Division of the Supreme Court of the State of New York · 1910