19 N.Y.S. 239 | New York Court of Common Pleas | 1892
The question presented to us on this appeal is one affecting the validity of the judgment appealed from for want of authority in the court below to render it. Defendant is a corporation organized under the laws of New Jersey, hence a foreign corporation within the meaning of the Code. Code Civil Proc. § 3343, subd. 18. Plaintiff, at the time of instituting this action, was and continued to be a resident of the same state. These facts having conclusively appeared upon the close of plaintiff’s direct evidence, defendant protested against further procedure in the action, and asserted that the trial court was without jurisdiction to determine the controversy in suit upon the merits. A motion to dismiss the complaint was denied, and, upon failure of defendant to challenge the facts appearing in support of plaintiff’s claim, the court directed a verdict in favor of the latter. To each of these rulings defendant duly excepted, and either exception sufficiently raises the question of jurisdiction.
Pursuant to the provisions of the Code of Civil Procedure, (section 1780,) the courts of this state are divested of all authority to entertain actions brought therein against a foreign corporation by a nonresident or another foreign corporation, unless it is sought thereby to recover damages for breach of a contract made within this state, or the action relates to property within this state when the contract was made, or unless such actions are brought to recover real property within this state, or a chattel replevied therein, or the cause of action shall have arisen within this state, and the object of the action is not to affect the title to real property beyond its territorial limits. These restrictions present conditions upon the existence of which the power of the court to determine the action is dependent, and acts in disregard thereof are without jurisdiction and of no effect. Davidsburgh v. Insurance Co., 90 N. Y. 526. The particular restrictions to be considered on this appeal have been determined to have such effect in Robinson v. Navigation Co., 112 N. Y. 315, 19 N. E. Rep. 625, and the court of appeals also sanctions the contention of appellant’s counsel that this effect cannot be impaired, or the authority of the trial court enlarged, by consent of the parties, or the omission to object to its jurisdiction by answer or demurrer, but that the objection may be made at any time, and that whenever any jurisdictional fact is wanting it becomes the duty of the court to dismiss the action ex mero motu. It appears inferentially from the evidence that the contract for the hire of teams
Judgment reversed, and new trial granted, with costs to abide the event.