Crowley v. Panama Rail Road
New York Supreme Court
APPEAL from a judgment entered at a special term, on demurrer to the complaint. The action was brought by the plaintiff as administratrix of Bartholomew Crowley deceased.
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APPEAL from a judgment entered at a special term, on demurrer to the complaint. The action was brought by the plaintiff as administratrix of Bartholomew Crowley deceased. The complaint set forth the plaintiff’s appointment "as such administratrix, by the surrogate having jurisdiction, and alleged that the defendant was a corporation created by act of the legislature of the state of New York, passed April 7, 1849, entitled an act to incorporate the Panama Rail Road Company, and at the times hereinafter mentioned, being such corporation, was proprietor of a certain rail road known and…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The defendant is a corporation, created by the laws of this state, and must be deemed a resident of this state. (13 Peters, 519 ; and 14 id. 129. 2 Howard’s U. S. Rep. 499.) This court must, therefore, have jurisdiction of the person of the defendant, in the same manner, and to the same effect, as over natural persons resident within this state. But jurisdiction of the person of the defendants does not include jurisdiction of the subject matter of the action. And appearance waives nothing, for section 144 of the code expressly gives the right to demur to the…
2Cases cited3 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Safford v. DrewThe Superior Court of New York City · 1854
- Vandeventer v. New York & New Haven Rail RoadNew York Supreme Court · 1857
3Cited by11 opinions
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- McDonald v. . MalloryNew York Court of Appeals · 1879
- Duncan v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 1906
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