Legal Opinion

Scherer v. Ground Hog Mining & Milling Co.

New York Supreme Court

Decided November 15, 1898Published

Action by one Scherer against the Ground Hog Mining & Milling Company. Motion to vacate the service of the summons and complaint.

1Opinion of the CourtBischoff, J.

The question whether the court has jurisdiction over the Ground Hog Mining & Milling Company, defendant, cannot be determined upon this motion, in view of the insufficiency of the moving affidavit. The affiant, the party upon whom service was made for such defendant, a foreign corporation, avers that he is a director of the latter, and that he is thoroughly familiar with its 'business and with the transaction in suit, and that “the officers and directors of said company are all residents of the state of Colorado, with exception of deponent.” Having alleged so much, the affiant omits any…

2Cases cited1 opinion

  1. Silver v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1896

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