St. Bernard's Seminary of Greece v. Dobson

Appellate Division of the Supreme Court of New York

St. Bernard's Seminary of Greece v. Dobson

172 A.D. 936, 156 N.Y.S. 1143

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1916

StatusPublished

This text of 172 A.D. 936 (St. Bernard's Seminary of Greece v. Dobson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

St. Bernard's Seminary of Greece v. Dobson, 172 A.D. 936, 156 N.Y.S. 1143 (N.Y. Ct. App. 1916).

Pincite

Opinion

Action upon the submission dismissed, without costs, for want of jurisdiction. Held: 1. On the facts agreed to by the parties the case is not one in which plaintiff could have maintained an action, and, therefore, does not come within the provisions of section 1279 of the Code of Civil Procedure.' 2. The supplementary statement in the form of the stipulation of the counsel is unauthorized, and cannot be the basis of a judgment under section 1279 of the Code of Civil Procedure. All concurred.

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Action upon the submission dismissed, without costs, for want of jurisdiction. Held: 1. On the facts agreed to by the parties the case is not one in which plaintiff could have maintained an action, and, therefore, does not come within the provisions of section 1279 of the Code of Civil Procedure.' 2. The supplementary statement in the form of the stipulation of the counsel is unauthorized, and cannot be the basis of a judgment under section 1279 of the Code of Civil Procedure. All concurred.

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Bluebook (online)

172 A.D. 936, 156 N.Y.S. 1143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-bernards-seminary-of-greece-v-dobson-nyappdiv-1916.