Legal Opinion

Eisenhofer v. New Yorker Zeitung Publishing & Printing Co.

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

Decided February 15, 1904PublishedCited by 16 opinions

Appeal by the defendant, the New Yorker Zeitung Publishing and Printing 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 25th day of November, 1903, denying the defendant’s motion to set aside the service of the summons and complaint in this action.

1Opinion of the Court

McLaughlin, J. :

The defendant is a domestic corporation, and jurisdiction of it in this action was sought to be obtained by service of the summons and complaint on one Holz. After such service had been made the defendant appeared specially for the purpose of moving that the service be set aside upon the ground that Holz was • not a person upon whom service could be legally made. The motion was denied and the defendant has appealed.

Jurisdiction of a domestic corporation can only be obtained, in the absence of voluntary appearance, by service of process in the manner indicated in section 431 of…

2Cases cited1 opinion

  1. Winslow v. Staten Island Rapid Transit Co.New York Supreme Court · 1889

3Cited by16 opinions

  1. McDonald v. Ames Supply Co.New York Court of Appeals · 1968
  2. Green v. Morningside Heights Housing Corp.Appellate Division of the Supreme Court of the State of New York · 1958
  3. Beck v. North Packing & Provision Co.Appellate Division of the Supreme Court of the State of New York · 1913
  4. Baker v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1939
  5. Kramer v. Buffalo Union Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1909

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