Koppel v. Heinrichs
New York Supreme Court
This was a motion to set aside an execution issued in this cause to the sheriff of Queens, and all other proceedings subsequent to the issuing thereof. In May, 1840, a suit was commenced by the plaintiff against the defendants, in the New-York common pleas, by declaration. The defendants appeared by attorney, and on the 30th of September in the same year, issue was joined.
Read the full summary
This was a motion to set aside an execution issued in this cause to the sheriff of Queens, and all other proceedings subsequent to the issuing thereof. In May, 1840, a suit was commenced by the plaintiff against the defendants, in the New-York common pleas, by declaration. The defendants appeared by attorney, and on the 30th of September in the same year, issue was joined. Upon the trial there was a verdict for the plaintiff, upon which judgment was perfected on the 2d of May, 1843, On the 5th of the same month, the defendants brought their writ of error to the late supreme court; and on the…
1Opinion of the Court
Harris, J.,
That the constitution of the United States has conferred upon the federal courts exclusive jurisdiction of suits against foreign consuls is not denied.
But the question now before the court relates to a suit commenced in a state court, before the party claiming exemption as a consul received his appointment, and when the state courts had jurisdiction of the suit, exclusive of the federal courts. That the suit was rightfully commenced in the New-York common pleas, is admitted: and the question now presented for determination is, whether the subsequent appointment of Heinrichs as…
2Cases cited1 opinion
- Mollan v. TorranceSupreme Court of the United States · 1824
3Cited by10 opinions
- Four Forty-One Holding Corp. v. BloomAppellate Terms of the Supreme Court of New York · 1933
- State ex rel. Renick v. County Court of St. Louis CountySupreme Court of Missouri · 1866
- Knopfi v. Gilsonite Roofing & Paving Co.Missouri Court of Appeals · 1902
- Caperna v. Williams-Bauer Corp.New York Supreme Court · 1945
- Hodgens v. Columbia Trust Co.New York Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.