Friedman v. Metropolitan Steamship Co.

3 Citing cases

  1. Midwest P. S. Co. v. Thomas S.M. Co.

    167 A. 636 (Pa. Super. Ct. 1933)   Cited 4 times

    In Galpin v. Page, 18 Wall. 350, 366, the court, by Mr. Justice FIELD, said: ". . . . . . The rule is different with respect to courts of special and limited authority; as to them there is no presumption of law in favor of their jurisdiction; that must affirmatively appear by sufficient evidence or proper averment in the record, or their judgments will be deemed void on their face." In Friedman v. The Metropolitan Steamship Company, 109 App. Div. 600; 96 N.Y. Supp. 331, in reversing a judgment of the Supreme Court based upon a transcript of a judgment of a municipal court, the Appellate Division, by Mr. Justice CLARKE, said (602): "There is, however, one objection urged which is of weight. In pleading or proving a judgment of a court of limited or special jurisdiction, the facts necessary to confer jurisdiction to render the judgment must be fully set forth, or every fact necessary to confer jurisdiction to render judgment in the action must be recited.

  2. Chambers v. Bacon

    153 App. Div. 194 (N.Y. App. Div. 1912)

    It seems to be settled that an application for an order requiring the real party in interest to pay costs may be made either by a notice of motion or an order to show cause. ( Marvin v. Marvin, 78 N.Y. 541; Friedman v. Metropolitan Steamship Co., 109 App. Div. 600.) If the bank refuses to obey the order and a proceeding to punish it becomes necessary it will be time enough to consider how that proceeding should be begun. The notice of motion was served in the city of New York upon a director of the bank.

  3. Pendleton v. Friedman

    135 App. Div. 420 (N.Y. App. Div. 1909)   Cited 2 times
    In Pendleton v. Friedman (135 App. Div. 420) it was said: "The issue of execution, however, upon which to found a judgment creditor's action is regulated by section 1872 of the Code. This section provides as follows: `To entitle the judgment creditor to maintain an action as prescribed in the last section, the execution must have been issued as follows: 1. If at the time of the commencement of the action the judgment debtor is a resident of the State, to the sheriff of the county where he resides.' * * *."

    The Municipal Court is one of limited and special jurisdiction, and when a judgment rendered therein forms the basis of any action or judicial proceeding, jurisdiction must be plead and proved, for there is no presumption in its favor. ( Friedman v. Metropolitan Steamship Co., 109 App. Div. 600.) It is urged that the allegation of the complaint setting forth that the judgment was docketed in the clerk's office of the county of New York, and that supplementary proceedings thereon were duly instituted in the City Court, and that this plaintiff was duly appointed receiver therein, cures this defect.