Smolik v. Philadelphia & Heading Coal & Iron Co.
District Court, S.D. New York
At Law. Two actions, by Anthony Smolik, and by Stanley Tobias, an infant, by Wladyslaw Tiburski, his guardian ad litem, against the Philadelphia & Reading Coal & Iron Company. On motion in each action to set aside the service oí process.
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At Law. Two actions, by Anthony Smolik, and by Stanley Tobias, an infant, by Wladyslaw Tiburski, his guardian ad litem, against the Philadelphia & Reading Coal & Iron Company. On motion in each action to set aside the service oí process. In each of these cases tile defendant moves to set aside the service of process upon an agent, designated by it to accept service, as provided in section 16 of the General Corporation Law of the state of (New York, and in section 432 of the New York Code of Civil Procedure. In one case the action was brought in the state court, and the defendant, appearing…
1Opinion of the CourtLearned Hand, District Judge
(after stating the fads as above). In Simon v. Southern Railway, 236 U. S. 115, 35 Sup. Ct. 255, 59 L. Ed. -, the Supreme Court decided that a court of Louisiana had not acquired jurisdiction under the following facts: The defendant was a railroad company organized in another state,' having none of its, railroad in Louisiana, but doing some business there. The statutes of Louisiana directed all foreign corporations doing business in the state to appoint an agent on whom process, should be served, and provided that, if the corporation failed to make an appointment, service might be made upon…
2Cases cited5 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- St. Clair v. CoxSupreme Court of the United States · 1882
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
3Cited by58 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Perkins v. Benguet Consolidated Mining Co.Supreme Court of the United States · 1952
- Louisville & Nashville Railroad v. ChattersSupreme Court of the United States · 1929
- McCoy v. SilerCourt of Appeals for the Third Circuit · 1953
- Energy Reserves Group, Inc. v. Superior Oil Co.District Court, D. Kansas · 1978
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