Muttart v. Muttart

Appellate Terms of the Supreme Court of New York

Muttart v. Muttart

93 N.Y.S. 468

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 24, 1905

StatusPublished

Cited by4 cases

This text of 93 N.Y.S. 468 (Muttart v. Muttart) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Muttart v. Muttart, 93 N.Y.S. 468 (N.Y. Ct. App. 1905).

Pincite

Opinion

LEVENTRITT, J.

The appeal, having been taken only from the order sustaining the demurrer, cannot be entertained. Stoddard v. Bell, 100 App. Div. 389, 91 N. Y. Supp. 477. If we could consider it, we should have to hold that the complaint is insufficient. It is defective to sustain in any court an action, as on a New Jersey judgment. Beyond this, however, taking notice, for the pur[469]*469pose of this opinion, that the Court of Chancery of New Jersey is a court of record, it is clear that, under subdivision 6 of section 1 of the Municipal Court act (Laws 1902, p. 1488, c. 580), the court below had no jurisdiction.

Appeal dismissed, with $10 costs. All concur.

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LEVENTRITT, J.

The appeal, having been taken only from the order sustaining the demurrer, cannot be entertained. Stoddard v. Bell, 100 App. Div. 389, 91 N. Y. Supp. 477. If we could consider it, we should have to hold that the complaint is insufficient. It is defective to sustain in any court an action, as on a New Jersey judgment. Beyond this, however, taking notice, for the pur[469]*469pose of this opinion, that the Court of Chancery of New Jersey is a court of record, it is clear that, under subdivision 6 of section 1 of the Municipal Court act (Laws 1902, p. 1488, c. 580), the court below had no jurisdiction.

Appeal dismissed, with $10 costs. All concur.

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Bluebook (online)

93 N.Y.S. 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muttart-v-muttart-nyappterm-1905.

Opinion

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