Farmers' Nat. Bank v. Underwood
New York Supreme Court
Appeal from special. term. Action by the Farmers’ National Bank of Annapolis against William H. Underwood, impleaded with Clarence H. Venner. From an' order denying motion to strike out complaint and dismiss the action,. and requiring answer within 10 days, defendant Underwood appeals. Reversed. 1 Appeal from order denying motion to strike out the complaint and dismiss the action.
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Appeal from special. term. Action by the Farmers’ National Bank of Annapolis against William H. Underwood, impleaded with Clarence H. Venner. From an' order denying motion to strike out complaint and dismiss the action,. and requiring answer within 10 days, defendant Underwood appeals. Reversed. 1 Appeal from order denying motion to strike out the complaint and dismiss the action. The order appealed from not only denied any relief asked by defendant, but extended relief to the plaintiff by requiring the defendant to serve his answer within 10 days from the entry and service of the order…
1Opinion of the CourtO’Brien, J.
It is conceded that plaintiff did not move to vacate, that he did not appear for examination, and that the order of June 1st as subsequently amended was in full force and vigor at the time the motion was made to dismiss the complaint. Upon this appeal, however, it is insisted that such order is void, because providing for the examination of the plaintiff’s president in New York City, while the papers show that he resided in Annapolis, and that he could not be served within the state; and this proposition is seemingly supported by the case of Witcher v. Association, 14 N. Y. Supp. 291. In the…
2Cases cited3 opinions
- Dudley v. Press Pub. Co.New York Supreme Court · 1889
- Dudley v. Press Publishing Co.New York Supreme Court · 1890
- Witcher v. Tribune Ass'nThe Superior Court of the City of New York and Buffalo · 1891