Le Fevre v. Matthews
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, F. P. Graf, as receiver of the Ohio-Southern Railroad Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 30th day of September, 1898, denying his. motion to set aside the service of the summons in this action on him and for a stay of proceedings.
1Opinion of the Court
Adams, J.:
This appeal involves the right of a resident plaintiff to maintain an action in the courts of this State against receivers of a railroad company appointed in another State, the contention of the appellant being that our State courts have no jurisdiction to entertain such an action, and that, even if they have, they should decline to do so upon the grounds of comity.
It is quite obvious, therefore, that the question which the case presents for our consideration, although apparently'a simple one, is. nevertheless one of sufficient importance to require careful consideration at our…
2Cases cited10 opinions
- Matter of Accounting of WaiteNew York Court of Appeals · 1885
- Runk v. St. JohnNew York Supreme Court · 1859
- Paige v. SmithMassachusetts Supreme Judicial Court · 1868
- Lycoming Fire Insurance v. Medad Wright & SonSupreme Court of Vermont · 1883
- Barclay v. Quicksilver Mining Co.New York Supreme Court · 1872
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3Cited by6 opinions
- Copeland v. SalomonNew York Court of Appeals · 1982
- Johnson v. SmithNew York Court of Appeals · 1948
- Union Guardian Trust Co. v. Broadway National Bank & Trust Co.New York Supreme Court · 1930
- Pruyn v. McCrearyAppellate Division of the Supreme Court of the State of New York · 1905
- Meeks v. MeeksNew York Supreme Court · 1906
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