Legal Opinion

Auerbach v. Internationale Wolfram Lampen Aktien Gesellschaft

U.S. Circuit Court for the District of Southern New York

Decided October 28, 1909Published

Action by_ Julius Auerbach against the Internationale Wolfram Lampen Aktien Gesellschaft. On motion to vacate order for service by publication.

1Opinion of the Court

WARD, Circuit Judge.

Motion by defendant, who appears specially for that purpose only, to vacate an order directing service of the summons by publication, which was made in the state court before the cause had been removed into this court.

Section 432 of the Code of Civil Procedure provides that service of a summons upon a foreign corporation shall be made upon the president, vice president, treasurer, assistant treasurer, secretary, or assistant secretary, or any officers performing corresponding functions under another name, or upon a person duly designated by the corporation to receive…

2Cases cited4 opinions

  1. Wabash Western Railway v. BrowSupreme Court of the United States · 1896
  2. Ladenburg v. Commercial BankNew York Supreme Court · 1895
  3. Bogert v. Otto Gas Engine WorksAppellate Division of the Supreme Court of the State of New York · 1898
  4. Foster v. Electric Heat Regulator Co.New York Supreme Court · 1896

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