Legal Opinion

Le Roy Sargent & Co. v. McHarg

South Dakota Supreme Court

Decided November 8, 1919No. File No. 4527PublishedCited by 4 opinions

Action by EeRoy Sargent & Company, Incorporated, acting as beneficiaries of a certain trust and holders of voting-trust certificates of common stock of Commonwealth.

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Action by EeRoy Sargent & Company, Incorporated, acting as beneficiaries of a certain trust and holders of voting-trust certificates of common stock of Commonwealth. Financial Corporation, in behalf of themselves and of all other persons similarly situated, against Ormsby McHarg and others, including Commonwealth . Financial Corporation, a ■ domestic corporation, to have set aside a voting trust involving plaintiff’s corporate stock, and to enjoin voting-trust trustees from voting the stock, and for other relief. From an order refusing to quash the alleged constructive service of summons upon…

1Opinion of the CourtWhiting, J.

This appeal is from an order refusing" to quash the alleged constructive service of summons upon defendant Tudor, who, it is conceded, is a nonresident of this state. No personal service was had in this state, but service -was made in •another state in strict compliance with 'our statutes providing method of constructive service 'upon nonresident defendants. *310In his affidavit in support of the motion to quash the service of the summons, Tudor alleged that the subject-matter of this action is not personal property in which he has any lien or interest. Plaintiff’s complaint set forth the…

2Cases cited7 opinions

  1. Jellenik v. Huron Copper Mining Co.Supreme Court of the United States · 1900
  2. People's National Bank v. ClevelandSupreme Court of Georgia · 1903
  3. Andrews v. Guayaquil & Quito Railway Co.New Jersey Court of Chancery · 1905
  4. Gamble v. DawsonWashington Supreme Court · 1912
  5. Patterson v. Farmington Street Railway Co.Supreme Court of Connecticut · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Thompson v. Terminal Shares, Inc.Court of Appeals for the Eighth Circuit · 1937
  2. Galdi v. JonesCourt of Appeals for the Second Circuit · 1944
  3. Harvey v. HarveyCourt of Appeals for the Seventh Circuit · 1923
  4. Gruwell v. HindsSouth Dakota Supreme Court · 1964

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