Legal Opinion

Bergman v. De Sieyes

District Court, S.D. New York

Decided December 30, 1946PublishedCited by 6 opinions

1Opinion of the Court

CAFFEY, District Judge.

On motion by plaintiff to strike out the first complete defense in defendant’s answer on the ground that it is insufficient in law.

This defense alleges that, at all times mentioned in the complaint, defendant was a citizen of the Republic of France; that, at the time of the commencement of the action and also at the time of the service on him of the summons and complaint, he was the duly appointed, acting and accredited Minister of the Republic of France to the Republic of Bolivia; and that the service of the summons and complaint on him was effected in the city of New…

2Cases cited4 opinions

  1. In Re BaizSupreme Court of the United States · 1890
  2. Wilson v. BlancoThe Superior Court of the City of New York and Buffalo · 1889
  3. Auer v. CostaDistrict Court, D. Massachusetts · 1938
  4. Carbone v. CarboneNew York Supreme Court · 1924

3Cited by6 opinions

  1. Hellenic Lines, Limited v. Luke C. Moore, United States Marshal for the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1965
  2. United States v. MelekhDistrict Court, S.D. New York · 1960
  3. United States Ex Rel. Casanova v. FitzpatrickDistrict Court, S.D. New York · 1963
  4. United States v. CoplonDistrict Court, S.D. New York · 1949
  5. Hellenic Lines, Limited v. Luke C. Moore, United States Marshal for the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1965

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