Legal Opinion
Gagnon v. Roberts
New York Supreme Court
Decided January 13, 1928PublishedCited by 5 opinions
1Opinion of the CourtChurchill, J.
The moving defendant is a foreign corporation and has been served with the summons and complaint personally, without the State, pursuant to an order of the court. It contends that the court was without power to grant the order.
The action is in equity and, since a warrant of attachment could not be granted, the only requisite to sustain the order of publication, aside from formalities, is that the complaint shall show “ a sufficient cause of action against the defendant to be served.” (Civ. Prac. Act, § 232.) If this meant only that a good cause of action must be stated the present motion to…
2Cases cited4 opinions
- Holmes v. . CampNew York Court of Appeals · 1916
- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
- Chesley v. MortonAppellate Division of the Supreme Court of the State of New York · 1896
- Hodgens v. Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1918
3Cited by5 opinions
- Schaefer v. FisherNew York Supreme Court · 1930
- Gore v. Pennsylvania RailroadNew York Supreme Court · 1932
- Gagnon v. RobertsAppellate Division of the Supreme Court of the State of New York · 1928
- Sweeney v. National Assets Corp.New York Supreme Court · 1930
- Wolfe v. Grand Lodge of International Ass'nNew York Supreme Court · 1943