Thorburn v. Gates
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Dellora R. Gates, as executrix, etc., of John W. Gates and another, appearing separately, 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 9th day of May, 1918, denying a motion to set aside the service of the summons therein.
1Opinion of the Court
Page, J.:
The sole question presented for determination on this appeal is whether the Supreme Court can obtain jurisdiction of a foreign executor as such by personal service of process upon the executor within this State.
The appellants’ counsel has discussed a number of propositions that cannot properly be raised upon this appeal. Whether the complaint states facts sufficient to constitute a cause of action must be presented by demurrer or motion on the pleadings and cannot be considered on a motion to set aside the service of a summons. Neither are we concerned, at this stage of the…
2Cases cited2 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Thorburn v. GatesNew York Supreme Court · 1918
3Cited by11 opinions
- Kirkbride v. Van NoteNew York Court of Appeals · 1937
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- Leighton v. RoperNew York Court of Appeals · 1950
- Thompson v. Terminal Shares, Inc.Court of Appeals for the Eighth Circuit · 1937
- Siccardi v. AjelloNew York Supreme Court · 1921
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