August Belmont & Co. v. Superior Court

THE COURT.

The application alleges in substance that petitioners are copartners and residents of the state of New York; that in a certain action brought in this state against petitioners a summons was issued which, together with a copy of the complaint, was served on the commissioner of corporations; that said commissioner was not authorized to accept such service except in actions arising out of or founded upon actual fraud, and the action was not one of this character. A motion to quash the service was made and denied. The present proceeding followed.

While we are at a loss to understand…