Galt v. Provident Savings Bank
New York Supreme Court
Motion to vacate an attachment. The motion was made upon affidavits showing that the plaintiff resided in Missouri, and that defendant was a foreign corporation, and alleging that the canso of action was not one of those enumerated in section 1780 of the Code. The motion was opposed upon the ground that the defendant had served a notice of general appearance in the action.
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Motion to vacate an attachment. The motion was made upon affidavits showing that the plaintiff resided in Missouri, and that defendant was a foreign corporation, and alleging that the canso of action was not one of those enumerated in section 1780 of the Code. The motion was opposed upon the ground that the defendant had served a notice of general appearance in the action. It appeared, however, that on the day following the service of such notice, the defendant served a second notice of appearance “ for the purpose of taking objection to the jurisdiction of the court only,” and served with it…
1Opinion of the CourtAndrews, J.
I do not see how the defendant could withdraw the notice of apparance originally seiwed without leave of the court first obtained, and for the purposes of this motion it must be regarded as having appeared generally in the action. It was he.d in McCormick v. Penn. Cent. R. R. Co. (49 N. Y. 303, 308), and in Brooks v. N. Y. and Greenwood Lake R. R. Co. (30 Hun, 47), which were cases arising under section 427 of the old Code, that a voluntary general appearance by a foreign corporation gave the court jurisdiction of the action, although the plaintiff Ayas not a resident of this State, and the…
2Cases cited16 opinions
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1881
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
- Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
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3Cited by2 opinions
- Fardon v. Washington Loan & Trust Co.Court of Appeals for the D.C. Circuit · 1915
- Lederer v. LedererNew York Supreme Court · 1905