Legal Opinion

Montgomery v. Boyd

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

Decided July 1, 1901PublishedCited by 5 opinions

Appeal by the plaintiff, James L. Montgomery, 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 25th day of January, 1901, vacating an order directing the service of the summons by publication, or personally, without the State.

1Opinion of the Court

McLaughlin, J.:

An order was made in this action upon affidavits and a verified complaint directing the service of the summons upon certain non*134resident defendants by the publication thereof, or, at the option of the plaintiff, by service on such defendants personally without the State.

This order was thereafter vacated upon motion of the defendants thus served, upon the ground, as appears from the opinion of the learned justice sitting' at Special Term, that the complaint did not state facts sufficient to constitute a cause of action, and the plaintiff has appealed.. The complaint alleges in…

2Cases cited5 opinions

  1. Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
  2. Lichtenberg v. . HerdtfelderNew York Court of Appeals · 1886
  3. Adee v. . BiglerNew York Court of Appeals · 1880
  4. Chesley v. MortonAppellate Division of the Supreme Court of the State of New York · 1896
  5. Paget v. . StevensNew York Court of Appeals · 1894

3Cited by5 opinions

  1. Holmes v. BellAppellate Division of the Supreme Court of the State of New York · 1910
  2. Morgan v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1907
  3. Grant v. Cobre Grande Copper Co.Appellate Division of the Supreme Court of the State of New York · 1908
  4. Guffey v. Grand Trunk Railway Co.New York Supreme Court · 1910
  5. Montgomery v. BoydAppellate Division of the Supreme Court of the State of New York · 1901

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