Irvine v. Church
District Court, E.D. New York
At Law. Action by Ellsworth C. Irvine, as receiver of the Columbus, Sandusky & Hocking Railroad Company, against Charles 'I'. CÍiurch and others, as executors of E. Dwight Church, deceased. On demurrer to the complaint.
1Opinion of the Court
VAN VECHTEN VEEDER, District Judge.
The ten grounds of demurrer may be summarized as questioning the court’s jurisdiction of the subject-matter, the plaintiff’s legal capacity to sue, the validity of the laws of the state of Ohio upon which the complaint is based, and the sufficiency of the complaint with respect both to (a) the requirements of the Ohio statute as to service upon nonresident stockholders and (b) to the asserted termination of the cause of action by limitation before action brought. The court’s jurisdiction, the plaintiff’s capacity to sue, and the validity of the state…
2Cases cited2 opinions
- Spargo v. ConverseCourt of Appeals for the Second Circuit · 1911
- Blackburn v. IrvineCourt of Appeals for the Third Circuit · 1913
3Cited by1 opinion
- Mater v. Browning Bros. Amusement Co.Ohio Court of Appeals · 1928