Legal Opinion

In re People

New York Supreme Court

Decided December 15, 1922Published

1Opinion of the CourtMarsh, J.

I think the motion should be denied. In the first place, I have considerable doubt whether the summons and complaint were validly served. In the absence of express authorization, it seems dangerous to hold that a clerk in the office of the superintendent of insurance could effectively receive and admit service of process at a time that his superior had been publicly directed to take possession of the defendant’s assets for the benefit of existing American creditors under an order which restrained the commencement or prosecution of any litigation. In any event, the attempted service of the…

2Cases cited7 opinions

  1. The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
  2. Dunlop v. . Patterson Fire Insurance Co.New York Court of Appeals · 1878
  3. Woerishoffer v. North River Constraction Co.New York Court of Appeals · 1885
  4. In re FrenchAppellate Division of the Supreme Court of the State of New York · 1918
  5. In re the PeopleAppellate Division of the Supreme Court of the State of New York · 1914

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