Gursky v. . Blair
New York Court of Appeals
Appeal, by permission, from an order of'the Appellate Division of the Supreme Court in the first judicial department, entered October 29, 1915, which affirmed an order of Special Term, denying a motion to set aside the summons and complaint herein. The facts,- so far as material, are stated in the opinion. Under the law of the state of,New York the service attempted in this action was insufficient to confer jurisdiction upon the Supreme Court.
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Appeal, by permission, from an order of'the Appellate Division of the Supreme Court in the first judicial department, entered October 29, 1915, which affirmed an order of Special Term, denying a motion to set aside the summons and complaint herein. The facts,- so far as material, are stated in the opinion. Under the law of the state of,New York the service attempted in this action was insufficient to confer jurisdiction upon the Supreme Court. (Atlantic Trust Co. v. Chapman, 208 U. S. 360; Pennsylvania Steel Co. v. N. Y. City Ry. Co., 198 Fed. Rep. 721; New York, P. & O. R. Co. v. New York,…
1Opinion of the CourtCuddeback, J.
This is a motion on behalf of the defendants to set aside the service on them of the summons and complaint in the action.
On April 5, 1912, the defendants, or their predecessors in office, by an order of the United States District Court for the Eastern District of Michigan, were appointed the receivers of the Pere Marquette Railroad Company, a corporation organized and existing under the laws of the state of Michigan, and operating a railroad in that state.
On April 12 of the same year, the plaintiff, while a passenger upon such railroad, was injured through the negligence of the receivers or…
2Cases cited2 opinions
- Eddy v. LafayetteSupreme Court of the United States · 1896
- United States v. NixonSupreme Court of the United States · 1914
3Cited by7 opinions
- Jacobowitz v. ThomsonCourt of Appeals for the Second Circuit · 1944
- Benware v. Acme Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Commissioners of the State Insurance Fund v. Singer Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Swift v. Matthews Engineering Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Jacobowitz v. ThomsonDistrict Court, S.D. New York · 1943
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