Helme v. Buckelew
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary E. Buokelew, as executrix, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of August, 1919, denying defendant’s motion to set aside the service of the summons.
1Opinion of the Court
Page, J.:
Section 1836-a of the Code of Civil Procedure provides: “An executor or administrator duly appointed in any other State, Territory or district of the United States or in any foreign country may sue or be sued in any court in this State in his capacity of executor or administrator in like manner and under like restrictions as a nonresident may sue or be sued,” if there shall be filed within the times and in the manner therein provided a duly authenticated copy of his letters.
I cannot accept the conclusion of Mr. Justice Latjghlin that this section in so far as it relates to actions…
2Cases cited20 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
- Riverside & Dan River Cotton Mills v. MenefeeSupreme Court of the United States · 1915
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3Cited by2 opinions
- In re the Application for a Compulsory Accounting in the Estate of NedhamAppellate Division of the Supreme Court of the State of New York · 1920
- Scheinman v. Bonwit, Teller & Co.City of New York Municipal Court · 1928