Helme v. . Buckelew
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Maich 5, 1920, which affirmed an order of Special Term denying a motion to set aside service of the summons in the above-entitled action.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Maich 5, 1920, which affirmed an order of Special Term denying a motion to set aside service of the summons in the above-entitled action. The following.question was certified: “Did the court acquire jurisdiction, under section 1836a of the Code of Civil Procedure, over the defendant as executrix and of the cause of action, herein by personal service of the summons within this state upon said defendant? ” Section 1836a should not be construed to allow an action to be…
1Opinion of the CourtCardozo, J.
A foreign executrix served with a summons while temporarily within the state contests the jurisdiction of the.court to go forward with the suit to judgment. On motion to vacate the service, she shows that she is herself a resident of the District of Columbia; that her testator was a resident of New Jersey, where his will was admitted to probate and where letters testamentary were issued; that no property of any kind belonging to the testator is now or ever was in the state of New York; and that after due notice to all creditors, the estate has been distributed in New Jersey in conformity with…
2Cases cited38 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- The Employers'liability CasesSupreme Court of the United States · 1908
- United States v. Ju ToySupreme Court of the United States · 1905
- Reynolds v. StocktonSupreme Court of the United States · 1891
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3Cited by101 opinions
- Cooper v. American Airlines, Inc.Court of Appeals for the Second Circuit · 1945
- Kirkbride v. Van NoteNew York Court of Appeals · 1937
- Geary v. GearyNew York Court of Appeals · 1936
- Bray v. LandergrenSupreme Court of Virginia · 1934
- Saverio D. Iovino and Leonard P. Luisi v. George Waterson, Jr., Frances E. Carlin, as Administratrix of George Waterson, Sr., Deceased, SubstitutedCourt of Appeals for the Second Circuit · 1959
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