Irving Trust Company v. Atwood

The demurrer asserts that the second special defense is inefficacious because the New York statute therein re' ferred to and relied upon is inapplicable “since no personal jurisdiction over the defendant was obtained in the foreclosure proceedings referred to in said Second Special Defense”.

It nowhere appears in the complaint or in this special defense ■that no personal jurisdiction was obtained in the foreclosure action. The defendant’s counsel in oral argument stated that ■the first special defense showed that there was no personal jurisdiction. Even if this were correct, it would be…