Legal Opinion

Tracy v. . First National Bank of Selma

New York Court of Appeals

Decided January 5, 1868PublishedCited by 23 opinions

1Opinion of the Court

I am of the opinion that the objection that this order is not appealable to this court is not valid. The receiver insists that as a matter of law and of strict right the attachment in this case was illegal, alleging that the defendant is not a foreign corporation within the statute, and also that the cause of action did not arise in this State, and also that the priority of the United States' claim renders the attachment invalid. He bases his objection upon strict law and a claim of right, conceding that he cannot control or influence the discretion of the court below. In such case the order…

2Cases cited4 opinions

  1. The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
  2. In re GriswoldNew York Supreme Court · 1851
  3. Isham v. KetchumNew York Supreme Court · 1866
  4. King v. PlattNew York Court of Appeals · 1867

3Cited by23 opinions

  1. Whittlesey v. . DelaneyNew York Court of Appeals · 1878
  2. Savoy Oil Co. v. EmerySupreme Court of Oklahoma · 1928
  3. St. Louis, Cape Girardeau & Fort Smith Railway Co. v. HolladaySupreme Court of Missouri · 1895
  4. Mercantile Trust Co. v. Pittsburgh & W. R.U.S. Circuit Court for the District of Western Pennsylvania · 1887
  5. Baird v. City of WillistonNorth Dakota Supreme Court · 1929

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API