Shaft v. . Phoenix Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This was an action upon a policy of insurance issued hy defendant upon the life of William E. Shaft, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This was an action upon a policy of insurance issued hy defendant upon the life of William E. Shaft, plaintiff’s intestate. The defendant set up in its answer, among other things, that the action was commenced by the service of a summons upon Martin Y. B. Bull, the person appointed by defendant, under and in pursuance of the insurance laws of this State, as its agent or attorney, upon…
1Opinion of the CourtFoloeb, J.
A defendant may raise, by answer, the question of a loss of jurisdicton by a State court, by reason of proceedings taken under the laws of the United States, for a removal of the cause to the federal courts. (Ayres v. West. R. R. Co., 45 N. Y., 260.) If the proceedings are regular, and strictly in accordance with the' acts of congress, the State court is ipso facto ousted of jurisdiction; and whether the order of removal is granted or denied by the State court, all further proceedings therein - are coram non judice and void. (Stevens v. Phœnix Ins. Co., 41 N. Y., 149.) It follows that under…
2Cases cited5 opinions
- Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
- Stevens v. . the Phoenix Insurance Co.New York Court of Appeals · 1869
- Dodge v. Northwestern Union Packet Co.Supreme Court of Minnesota · 1868
- Ayres v. . the Western Railroad Cor.New York Court of Appeals · 1871
- Kirkpatrick v. Hopkins, Pennsylvania Court of Common Pleas, Philadelphia County1838
3Cited by24 opinions
- Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.Court of Appeals for the Second Circuit · 1929
- American Soda Fountain Co. v. StolzenbachSupreme Court of New Jersey · 1908
- Fenstermacher v. StateOregon Supreme Court · 1890
- Nield v. NieldWest Virginia Supreme Court · 1944
- Young v. Southern Pac. Co.Court of Appeals for the Second Circuit · 1926
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