Ogdensburgh & Champlain Railroad v. Vermont & Canada Railroad
New York Supreme Court
Demurrer to complaint. The Ogdensbnrg & Lake Champlain Railroad Company sued the Vermont & Canada Railroad Company, John Gregory Smith, Benjamin P. Cheney and Joseph Clark, managers and trustees of the Vermont Central Railroad Company, John Schrier and The Central Vermont Railroad Company.
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Demurrer to complaint. The Ogdensbnrg & Lake Champlain Railroad Company sued the Vermont & Canada Railroad Company, John Gregory Smith, Benjamin P. Cheney and Joseph Clark, managers and trustees of the Vermont Central Railroad Company, John Schrier and The Central Vermont Railroad Company. The complaint averred that the plaintiff was a corporation organized under the laws of the State of ÜSTew York; that since August, 1865, it had been the owner of a railroad extending from Ogdensburgh to Rouse’s Point, and that it operated the same for public use up to March 1, 1870. That in February, 1870,…
1Opinion of the CourtJames, J.
As to all the defendants, other than Schrier, the only question now in the case is as to the jurisdiction of this court over the persons of said defendants, for without such jurisdiction it can render no personal judgment against them.
*254It- was urged that by interposing their demurrers the defendants had conferred on the court jurisdiction of their persons, and this would be true had the demurrers been upon any other ground ; but being solely on the ground that the court had not jurisdiction of their persons, and that they made a qualified appearance for the purpose of testing that question,…
2Cases cited12 opinions
- Merrick v. . Van SantvoordNew York Court of Appeals · 1866
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Schwinger v. . HickokNew York Court of Appeals · 1873
- Runk v. St. JohnNew York Supreme Court · 1859
- King v. PooleNew York Supreme Court · 1862
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