McCarty v. Parker
The Superior Court of New York City
Action by stockholder against trustees of a corporation for an accounting, receiver, and injunction. It ■appeared from defendant’s affidavits in opposition to an order to show cause why the injunction granted by the order should not be continued, that defendant had not been served in the city of New York.
1Opinion of the CourtTruax, J.
The court of appeals held in Wheelock v. Lee (74 N. Y. 495 ; s. c., 5 Abb. N. C. 80), that the jurisdiction of a superior city court was limited to cases in which the cause of action arose within its territorial limits, and cases in which the subject of the action was situated, or the party proceeded against resided or was served with process within those limits, and that some one or more of these elements of locality must exist to ■confer upon the court jurisdiction of the same. Judge Raparlo, who wrote the opinion, then proceeds to say: “ It follows that where none of them exist, a mere…
2Cases cited2 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
3Cited by1 opinion
- Cooper v. DavisAppellate Division of the Supreme Court of the State of New York · 1931