Legal Opinion

Atlantic & Pacific Telegraph Co. v. Baltimore & Ohio Railroad

The Superior Court of New York City

Decided December 6, 1880Published

Appeal from order setting aside and declaring void summons, complaint, and order of injunction, and the service thereof on the defendant, the Baltimore & Ohio R. R. Co. Also, appeal from order dismissing plaintiff s motion to continue injunction and to punish the Baltimore & Ohio R. R. Co. and John W. G-arrett for contempts; vacating order bringing in the American- Union Telegraph Co. as a party defendant and authorizing sup-' plemental summons and complaint; vacating order…

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Appeal from order setting aside and declaring void summons, complaint, and order of injunction, and the service thereof on the defendant, the Baltimore & Ohio R. R. Co. Also, appeal from order dismissing plaintiff s motion to continue injunction and to punish the Baltimore & Ohio R. R. Co. and John W. G-arrett for contempts; vacating order bringing in the American- Union Telegraph Co. as a party defendant and authorizing sup-' plemental summons and complaint; vacating order of injunction granted against it; and dismissing supplemental summons and complaint. This action was commenced on…

1Opinion of the CourtFreedman, J.

The learned chief justice who determined these motions and made the order appealed from, deemed it unnecessary to consider the technical objections advanced by the railroad company, but placed his decision upon the ground that the examination of the causes cited on the hearing had failed to satisfy him that, where the causé of action has reference to the obligations and business of a corporation created and conducting its business in another State, and where the relief>is of the character sought in this action, this court has jurisdiction, or that such jurisdiction can be obtained by the…

2Cases cited15 opinions

  1. People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
  2. Massie v. WattsSupreme Court of the United States · 1810
  3. Railroad Company v. HarrisSupreme Court of the United States · 1871
  4. Muller v. DowsSupreme Court of the United States · 1876
  5. Gardner v. . OgdenNew York Court of Appeals · 1860

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