Holmes v. . Camp
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which affirmed an order of Special Term granting a motion to vacate and set aside -jan order directing service of the summons upon the /.■defendant, respondent, without the state by publication.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which affirmed an order of Special Term granting a motion to vacate and set aside -jan order directing service of the summons upon the /.■defendant, respondent, without the state by publication. The following questions were certified: “1. Did the Supreme Court obtain jurisdiction to render in whole or in part the judgment demanded in the complaint in .this action by the service of the summons and complaint herein without the state of New York upon the…
1Opinion of the CourtHiscock, J.
The appellants seek to sustain under the provisions of subdivision 5, section 438 of the Code of Civil Procedure, an order permitting service of the summons without the state upon respondent, a foreign executor, and which order'has been set aside by the order appealed from. Such section and subdivision provide that “An order directing the service of a summons upon a defendant, by publication, may he made in either of the following cases: * "x" *
“5. Where the complaint demands judgment, that the defendant be excluded from a vested or contingent interest in or lien upon, specific real or…
2Cases cited21 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Jellenik v. Huron Copper Mining Co.Supreme Court of the United States · 1900
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- U.S. Radiator Co. v. . State of New YorkNew York Court of Appeals · 1913
16 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Rogers v. Guaranty Trust Co.Supreme Court of the United States · 1933
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Simpson v. LoehmannNew York Court of Appeals · 1967
- Kirkbride v. Van NoteNew York Court of Appeals · 1937
- Leighton v. RoperNew York Court of Appeals · 1950
45 more not listed; retrieve them via the Exa API.