Dunn v. Wehle

City of New York Municipal Court

Dunn v. Wehle

33 N.Y.S. 555, 67 N.Y. St. Rep. 299

DecidedApril 16, 1895

StatusPublished

This text of 33 N.Y.S. 555 (Dunn v. Wehle) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunn v. Wehle, 33 N.Y.S. 555, 67 N.Y. St. Rep. 299 (N.Y. Super. Ct. 1895).

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Opinion

MCCARTHY, J.

It seems to me clear that the want of jurisdiction in this case appears on the face of the complaint. Before the plaintiff can claim any money judgment, he must apply to a court of equity, as appears by the demand of the complaint for judgment, to wit: “First. That the alleged assignment aforesaid be de[557]*557dared fraudulent and void and of no effect, and that the same be set aside.” The court has no power to grant such relief, and the order to discontinue without costs was properly allowed. Order is therefore affirmed, with costs.

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MCCARTHY, J.

It seems to me clear that the want of jurisdiction in this case appears on the face of the complaint. Before the plaintiff can claim any money judgment, he must apply to a court of equity, as appears by the demand of the complaint for judgment, to wit: “First. That the alleged assignment aforesaid be de[557]*557dared fraudulent and void and of no effect, and that the same be set aside.” The court has no power to grant such relief, and the order to discontinue without costs was properly allowed. Order is therefore affirmed, with costs.

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Bluebook (online)

33 N.Y.S. 555, 67 N.Y. St. Rep. 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-wehle-nynyccityct-1895.