Pope v. Terre Haute Car & Manufacturing Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 14, 1881, which affirmed an order of Special Term, denying a motion on the part of defendant herein to set aside the service of summons in this action. (Reported below, 24 Hun, 238.) The facts appearing upon the motion are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 14, 1881, which affirmed an order of Special Term, denying a motion on the part of defendant herein to set aside the service of summons in this action. (Reported below, 24 Hun, 238.) The facts appearing upon the motion are sufficiently stated in the opinion. A valid judgment m personam cannot be obtained against a non-resident of the State who is not personally served with process, and has not appeared in the action, and it is not competent for a State to authorize such a judgment as will…
1Opinion of the CourtEarl, J.
The plaintiffs are residents of this State having a cause of action arising upon contract against the defendant, an Indiana corporation. They caused a summons for the commencement of an action to be served upon the defendant’s president within this State, and it made a motion to set aside such service, on the ground thatfit was unauthorized and ineffectual for any purpose; and the question for our considera^ tion is, whether the service was proper.
It appears that the defendant, being a foreign corporation, had no place of business, and transacted no business, and had no property within this…
2Cases cited1 opinion
- Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
3Cited by51 opinions
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
- Grant v. Cananea Consolidated Copper Co.New York Court of Appeals · 1907
- State ex rel. Watkins v. North American Land & Timber Co.Supreme Court of Louisiana · 1901
- Ray D. Lillibridge, Inc. v. Johnson Bronze Co.Appellate Division of the Supreme Court of the State of New York · 1927
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