Legal Opinion

Philadelphia & Reading Coal & Iron Co. v. Gilbert

Supreme Court of the United States

Decided November 26, 1917No. 454PublishedCited by 20 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. The case is stated in the opinion. besides suggesting that, under § 4 of the Act of September 6, 1916, the writ of error if improper might be taken as an application for certiorari, contended that error was proper because the validity of the New York statute upon which the service and jurisdiction in the New York courts depended was challenged.

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ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. The case is stated in the opinion. besides suggesting that, under § 4 of the Act of September 6, 1916, the writ of error if improper might be taken as an application for certiorari, contended that error was proper because the validity of the New York statute upon which the service and jurisdiction in the New York courts depended was challenged. This statute — § 16, General Corporation Laws of New York, c. 28, Laws 1909; c. 23, Consolidated Laws — reasonably construed, does not intend that, by merely designating an agent upon whom process…

1Opinion of the CourtJustice Van Devanter

This was an action in a state court in New York by a resident of that State against a Pennsylvania corporation *164to recover for a personal injury sustained by the former while employed in the latter’s coal mine in Pennsylvania. In addition to mining coal in Pennsylvania, the defendant was doing business in New York and, conformably to the laws of the latter State, had designated an agent therein upon whom process against it might be served. The summons was served upon this agent. After an unsuccessful effort to have the service set aside as invalid, the defendant answered and the further…

2Cases cited2 opinions

  1. Bethell v. DemaretSupreme Court of the United States · 1871
  2. French v. TaylorSupreme Court of the United States · 1905

3Cited by20 opinions

  1. Northern Pacific Railway Co. v. SolumSupreme Court of the United States · 1918
  2. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1923
  3. Yazoo & Mississippi Valley Railroad v. City of ClarksdaleSupreme Court of the United States · 1921
  4. Chicago Great Western Railroad v. BashamSupreme Court of the United States · 1919
  5. Haden v. Olan Mills, Inc.Supreme Court of Alabama · 1961

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