46 Misc. 475 | N.Y. App. Term. | 1905
The summons in this action was issued upon the 8th day of September, 1904, and demanded judgment against the defendant for “ the sum of five hundred dollars and interest from the 25th day of July, 1904 together with the costs of this action.” Accompanying the summons and served at the same time was a verified complaint in which the demand for judgment was in the same words as contained in the summons. A motion was made by the defendant to dismiss the complaint upon the ground that the court had no jurisdiction. The plaintiff thereupon offered to waive the interest,. and judgment was subsequently rendered for the plaintiff for the sum of $500 and costs.
We think the motion to dismiss the complaint should have
Scott and Giboebich, JJ., concur.
Judgment reversed, with costs, and complaint dismissed.