New York Court of Common Pleas June 15, 1886 (McLean v. St. Paul & Chicago Ry. Co.)

Daly, J.

The Code declares that the want of jurisdiction in the superior city court is matter of defense, and is waived by appearance, unless it is pleaded in the answer (Code Civ. Pro. § 266). It thus appears that want of jurisdiction is a defect which the defendant may waive.