Legal Opinion

Mabon v. Ongley Electric Co.

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

Decided December 15, 1897No. 2PublishedCited by 1 opinion

Appeal by the plaintiff, John S. Habón, as receiver of The Ongley Electric Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of June, 1897, denying the plaintiff’s motion to resettle an order entered in said clerk’s office on the 1st day of June, 1897, and also from the order entered in said clerk’s office on the 1st day of June, 1897, vacating the service of the…

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Appeal by the plaintiff, John S. Habón, as receiver of The Ongley Electric Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of June, 1897, denying the plaintiff’s motion to resettle an order entered in said clerk’s office on the 1st day of June, 1897, and also from the order entered in said clerk’s office on the 1st day of June, 1897, vacating the service of the summons and setting aside an order appointing a temporary receiver.

1Opinion of the Court

Williams, J.:

The grounds upon which this order was made setting aside the summons were, apparently, that the court had acquired no jurisdiction of the person of the defendant nor of the subject of the action. The defendant was personally served with a summons and subsequently made a general appearance in the action. The court, therefore, acquired jurisdiction of the defendant, unless it may be said that this is one of the actions which could not be brought against a foreign corporation by a non-resident plaintiff under section 1780 of the Code of Civil Procedure. We think, however, that the…

2Cases cited1 opinion

  1. At. Pac. Tel. Co. v. . Balt. O.R.R. Co.New York Court of Appeals · 1882

3Cited by1 opinion

  1. Manning, Maxwell & Moore, Inc. v. Canadian Locomotive Co.Appellate Division of the Supreme Court of the State of New York · 1907

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