Atlantic & Pacific Telegraph Co. v. Baltimore & Ohio Railroad
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made January 6, 1881, which reversed two orders of Special Term, one of which denied a motion for an attachment against John W. Garrett, defendant’s president, and the other set aside the summons and complaint, and an injunction herein, and the service thereof, “ on the ground of want of jurisdiction.”
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Appeal from order of the General Term of the Superior Court of the city of New York, made January 6, 1881, which reversed two orders of Special Term, one of which denied a motion for an attachment against John W. Garrett, defendant’s president, and the other set aside the summons and complaint, and an injunction herein, and the service thereof, “ on the ground of want of jurisdiction.” The General Term order also directed that an attachment as for contempt, issue against said Garrett, returnable at Special Term, at a day named. • (Be-ported below, 14 J. & S. 377.) This action was brought to…
1Opinion of the CourtRapallo, J.
The appeal from that part of the order which directs that an attachment issue against John W. Garrett should be dismissed. No adjudication upon the subject of the alleged contempt has been made, and the order is simply that Mr. Garrett be brought into court to answer the charge. This *358order affects no substantial right of the Baltimore & Ohio Bail-road Company, and it cannot, at this stage of the matter, appear that any such right will be affected by the action of the court.
So far as the personal rights of Mr. Garrett are concerned, .they are not before us. He has not appealed from the order,…
2Cited by1 opinion
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