Delaware, Lackawanna & Western Railroad v. New York, Susquehanna & Western Railroad
New York Supreme Court
Motion by plaintiff to continue the injunction order heretofore granted against the defendant, and motion by defendant to dismiss the action, or to vacate and set aside the service of the summons and complaint in this action.
1Opinion of the CourtGreen, J.
This matter comes before the court upon the order to show cause why the preliminary injunction granted plaintiff should not be continued in force.
And also upon an order to show cause, obtained by the defendant, “ why this action should not be dismissed, or the service of the summons and complaint herein vacated and set aside.”
We will consider the last motion first.
As there is nothing in the affidavit showing that service was not regularly made in conformity with the provisions of the *231Code, we must assume that the defendant is properly brought into court, and that jurisdiction of the “ person…
2Cases cited7 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Kansas & Eastern Railroad Construction Co. v. Topeka, Salina & Western RailroadMassachusetts Supreme Judicial Court · 1883
- Bard v. . PooleNew York Court of Appeals · 1855
- President & Directors of the Bank of Commerce v. Rutland & Washington RailroadNew York Supreme Court · 1854
- Cumberland Coal & Iron Co. v. Hoffman Steam Coal Co.New York Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hallenborg v. GreeneAppellate Division of the Supreme Court of the State of New York · 1901
- Eastern Union Co. of Delaware, Inc. v. Moffat Tunnel Improvement DistrictSuperior Court of Delaware · 1934
- Rosenblatt v. Jersey Novelty Co.New York Supreme Court · 1904