Hyperlawhypertext legal database St. Bernard's Seminary v. Dobson 156 N.Y.S. 1143

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St. Bernard's Seminary v. Dobson

156 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1916-01-22 English

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p. 1143
ST. BERNARD’S SEMINARY OF GREECE, N. Y., plff., v. Frank DOBSON, Supervisor, et al,, defts.
(Supreme Court, Appellate Division, Fourth Department.
January 22, 1916.)

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 concur.