Smith v. Western Pacific Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Western Pacific Railway Company, from an order of the Supreme Court, made at the New York Special Term and entered" in the office of the clerk of the county of New York on the 9th day of October, 19Q9,.appointing.a referee to take proof and report upon a motion to set aside the service of the summons and complaint herein.
1Opinion of the Court
Clarke, J.:
Á motion was .made to set aside the service of the summons .and complaint upon the Western Pacific Railway Company, a California corporation. The Special Term made an order appointing a referee “ to take proof concerning the disputed questions of fact arising upon said motion and report said proofs, together with his opinion thereon.” The defendant appeals.
The service was made upon Edward T. Jeffery, the president of the defendant, in the city of New York, the said Jeffery being a resident of said city. The motion was made., upon the ground that said foreign corporation does no…
2Cases cited2 opinions
- Grant v. Cananea Consolidated Copper Co.New York Court of Appeals · 1907
- Buchholtz v. Florida East Coast Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Fowble v. Chesapeake & O. Ry. Co.District Court, S.D. New York · 1926