Legal Opinion

Edgell v. Clarke

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1897PublishedCited by 13 opinions

Appeal by the plaintiffs, George S. Edgell and others, from an order of the Supreme Court, made at the HeW York Special Term and entered in-the office of the clerk of the county of Hew York on the 10th day of March, 1897, denying their motion for an in junetion pendente lite restraining the defendant from maintaining ari action against George S. Edgell in the State of Mississippi. ..•■■

1Opinion of the Court

Ingraham, J. :

The defendant brought an action in Mississippi against the plaintiff Edgell, as surviving partner of Austin. Corbin, for ser vices, rendered by the defendant to the firm of which Corbin and the plaintiff were members, and that action is now pending. The plaintiffs, and the defendant are all residents of- this State, but the matters in dispute between the parties to the Mississippi.action are no.t involved in any action or proceeding pending in tins State. ' The Mississippi action is purely, a transitory.and- personal one, and by commencing it there the defendant has obtained a…

2Cited by13 opinions

  1. E. B. Latham & Co. v. Mayflower IndustriesAppellate Division of the Supreme Court of the State of New York · 1951
  2. Webster v. Columbian National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1909
  3. Freick v. HinklySupreme Court of Minnesota · 1913
  4. Jones v. HughesSupreme Court of Iowa · 1912
  5. Missouri-Kansas-Texas Railroad v. BallSupreme Court of Kansas · 1928

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