Charles Roome Parmele Co. v. Haas
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1902, which reversed an order of Special Term denying a motion to vacate an order of arrest. The facts, so far as material, and the questions certified are stated in the opinion. The omission of an allegation of compliance with section 181, chapter 908, Laws of 1896, is not a jurisdictional defect.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1902, which reversed an order of Special Term denying a motion to vacate an order of arrest. The facts, so far as material, and the questions certified are stated in the opinion. The omission of an allegation of compliance with section 181, chapter 908, Laws of 1896, is not a jurisdictional defect. (S. L. Co. v. Russell, 84 Hun, 114; Haebler v. Bernhanth, 115 N. Y. 459 ; Axford v. Seguine, 70 App. Div. 228; Crandall v. Bryan, 15 How. Pr. 48; Edick v.…
1Opinion of the CourtO’Brien, J.
The order appealed from reversed an order of the Special Term which denied the defendant’s motion to vacate an order of arrest and granted the motion. It is stated in the order that the reversal was upon matters of law and not of discretion. The court allowed an appeal to this court and certified the following rpiestion :
“ Dpon an application by a foreign corporation doing business in this state for an order of arrest, must the papers show,. for the purpose of the order of arrest, that the corporation has complied with the provisions of section 181 of chapter 908 of the Laws of 1896, or that…
2Cases cited3 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
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- Merchants' National Bank v. ClarkNew York Court of Appeals · 1893
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