Perry v. Erie Transfer Co.

City of New York Municipal Court

Perry v. Erie Transfer Co.

16 N.Y.S. 153, 40 N.Y. St. Rep. 693, 1891 N.Y. Misc. LEXIS 363

DecidedOctober 15, 1891

StatusPublished

This text of 16 N.Y.S. 153 (Perry v. Erie Transfer Co.) 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

Perry v. Erie Transfer Co., 16 N.Y.S. 153, 40 N.Y. St. Rep. 693, 1891 N.Y. Misc. LEXIS 363 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Ehrlich, C. J.

It does not by the complaint, nor is it objected to in the answer, that the plaintiff was at the time the action was commenced a [154]*154resident of New Jersey. Such being the case, the want of jurisdiction was not an issue to be tried. It was waived. Although the defendant is a foreign- corporation, the action is transitory, and but for the non-residence of the plaintiff, the court would have had jurisdiction of both subject-matter and parties. The objection, or grounds upon which it is based, ought to have appeared in some form by the pleadings. The cause of action was clearly proved, and verdict properly directed. It follows that the judgment appealed from must be affirmed, with costs.

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Ehrlich, C. J.

It does not by the complaint, nor is it objected to in the answer, that the plaintiff was at the time the action was commenced a [154]*154resident of New Jersey. Such being the case, the want of jurisdiction was not an issue to be tried. It was waived. Although the defendant is a foreign- corporation, the action is transitory, and but for the non-residence of the plaintiff, the court would have had jurisdiction of both subject-matter and parties. The objection, or grounds upon which it is based, ought to have appeared in some form by the pleadings. The cause of action was clearly proved, and verdict properly directed. It follows that the judgment appealed from must be affirmed, with costs.

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Bluebook (online)

16 N.Y.S. 153, 40 N.Y. St. Rep. 693, 1891 N.Y. Misc. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-erie-transfer-co-nynyccityct-1891.