Brooks v. Mexican National Construction Co.
The Superior Court of New York City
Re-argument of plaintiff’s appeal from order of the special term of November 8, 1882, vacating the attachment herein (see former appeal, 49 Super. Ct. 234). A motion was made before issue joined, upon the complaint and affidavit of plaintiff’s attorney, and all proceedings in the action previous to the notice of motion, to vacate the attachment. On the argument of the motion, plaintiff’s attorney read defendant’s answer and his own affidavit.
Read the full summary
Re-argument of plaintiff’s appeal from order of the special term of November 8, 1882, vacating the attachment herein (see former appeal, 49 Super. Ct. 234). A motion was made before issue joined, upon the complaint and affidavit of plaintiff’s attorney, and all proceedings in the action previous to the notice of motion, to vacate the attachment. On the argument of the motion, plaintiff’s attorney read defendant’s answer and his own affidavit. It appears by these papers: that eleven of the seventeen plaintiffs are non-residents of the state ; that of the six plaintiffs residents of the state…
1Concurrence
Sedgwick, Ch. J.
[Concurring.]—The case of McCormick v. Pennsylvania R. R. Co. (49 N. Y. 303), construed section *284437 of the old Code of Procedure, which provided that an action might, be brought in the supreme court, superior court of the city of New York, or the common pleas of this city, by a resident of the state, for any cause of action, and by a non-resident, when the cause of action should have arisen, or the subject of the action be situated within the state. The opinion assumed for the purposes of the decision, that, contrary to the ruling of the court below, the plaintiff was a…
2Cases cited5 opinions
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
- Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
- Harriott v. New Jersey RailroadNew York Court of Common Pleas · 1858
- Brauneck v. Knickerbocker Life InsuranceNew York City Court · 1876