Legal Opinion

People v. Central Railroad

New York Supreme Court

Decided April 1, 1867PublishedCited by 11 opinions

THIS action is brought by the people of the state of New York, against the defendants, to prevent encroachments in the Hudson river, on the westerly side, adjoining the shore of New Jersey. The complaint avers that the defendants are á body corporate under the laws of New Jersey.

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THIS action is brought by the people of the state of New York, against the defendants, to prevent encroachments in the Hudson river, on the westerly side, adjoining the shore of New Jersey. The complaint avers that the defendants are á body corporate under the laws of New Jersey. It then sets out the agreement or treaty entered into between New York and New Jersey, as to the rights of each to the land and water in the Hudson river, south of Spuyten Duyvel creek, and avers that the defendants, without any permit or authority from the plaintiffs, and without any right, have for five years last…

1Opinion of the CourtIngraham, J.

The first ground of objection to the complaint is the want of jurisdiction over the defendants.

The defendants are a foreign corporation. If it were necessary to proceed against them by attachment, to compel their appearance, the objection might have weight. Such is not this case. The defendants have appeared, and so far as respects bringing them into the court, and within its jurisdiction, that has been done by their voluntary act. Where a foreign corporation, by its officers, comes within this state, it becomes subject to the laws of the state, and to the process of the courts ; and where…

2Cited by11 opinions

  1. Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
  2. Thomas v. Placerville Gold Quartz Mining Co.California Supreme Court · 1884
  3. Humphreys v. Newport News & M. V. Co.West Virginia Supreme Court · 1889
  4. Roberts v. FullertonWisconsin Supreme Court · 1903
  5. Aitcheson v. The Endless Chain DredgeDistrict Court, E.D. Virginia · 1889

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