Republic of Mexico v. de Arangoiz
The Superior Court of New York City
Appeal from an. order made by Mr. Justice Hoffman, denying a motion, on. the part of.the defendant, to vacate an order of arrest, but reducing the- sum in which the defendant was to be held to bail from ninety to thirty thousand dollars. Both parties-appealed; the plaintiff on the ground that the bail ought not to have been reduced; the defendant, that he ought to have been wholly discharged.
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Appeal from an. order made by Mr. Justice Hoffman, denying a motion, on. the part of.the defendant, to vacate an order of arrest, but reducing the- sum in which the defendant was to be held to bail from ninety to thirty thousand dollars. Both parties-appealed; the plaintiff on the ground that the bail ought not to have been reduced; the defendant, that he ought to have been wholly discharged. The affidavit upon which the order of arrest was founded, was made by Juan 1ST. Almonte, minister plenipotentiary of the republic of Mexico, and stated, in substance, that on behalf of his government, he…
1Opinion of the CourtBy the Court. Duer, J.
The objection that the republic of Mexico has not a “ locus standi in judicio,” or, in the words of the Code, “ a legal capacity to sue,” is very far from commanding .our assent. That a foreign monarch, or a foreign corporation, may maintain an action in the courts of this state—the monarch, in his name of soereignty, the corporation in its corporate name—is not denied; but the monarch, we are told, is a natural, the corporation an artificial, person, and that it is from this personality that the legal capacity of each to sue is derived. A republic, however, it is contended, possesses no such…
2Cited by11 opinions
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Moffatt v. . FultonNew York Court of Appeals · 1892
- Russian Socialist Federated Soviet Republic v. CibrarioAppellate Division of the Supreme Court of the State of New York · 1921
- Herman v. LynchSupreme Court of Kansas · 1881
- Smith v. . OgilvieNew York Court of Appeals · 1891
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