Gray v. Delaware & Hudson Canal Co.
New York Supreme Court
Action, for wages. Trial by the court. This action was brought by Henry Gray against The Delaware and Hudson Canal Company for wages earned by himself and others, his assignors.
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Action, for wages. Trial by the court. This action was brought by Henry Gray against The Delaware and Hudson Canal Company for wages earned by himself and others, his assignors. During all the time from August 1, 1876, until the commencement of this action, Henry Gray, A. Simmonds, Mitchell Garrant and Robert Mercer, were residents of the county of Clinton, in the State of New York, and were each and every one of them householders, and each of them had a family dependent on him. for support, and his earnings were necessary for the support of such family. The defendant, during the time…
1Opinion of the CourtLandon, J.
The plaintiff and his assignors were during all the transactions stated in the stipulation reciting the facts, residents of the State of New York, and *135not within the State of Vermont. They, therefore, were not, and could not be, without their consent, personally duly served with process of the courts of Vermont ; and since’ they never by their own acts came within the jurisdiction of that State, the courts of that State could acquire no jurisdiction over their persons, and did not.
The cases cited by the plaintiff amply sustain this position, and it is not controverted by the defendant.
But…
2Cases cited8 opinions
- Guillander v. . HowellNew York Court of Appeals · 1866
- Holmes v. RemsenNew York Supreme Court · 1822
- Andrews v. HerriotNew York Supreme Court · 1825
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Holmes v. RemsenNew York Court of Chancery · 1820
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3Cited by2 opinions
- O'Neill v. NagleCity of New York Municipal Court · 1887
- Martin v. Central Vermont R. Co.New York Supreme Court · 1888