Legal Opinion

Gahagan v. Fairbanks

Binghamton City Court

Decided May 22, 1933PublishedCited by 1 opinion

1Opinion of the Court

Nehlsen,

Special City Judge. The question is whether the court acquires jurisdiction of a non-resident defendant by service of process upon him in Broome county.

The plaintiff lives at Binghamton, N. Y. The defendant was served with the summons and complaint in Broome county, but his residence is at Appalachin, Tioga county. He moves for dismissal upon that ground.

The defendant must fail in his contention." It is true, as he argues, that the County Court would be without jurisdiction due to his non-residence in the county. But the limitation there is *686specifically prescribed by statute (Civ.…

2Cases cited6 opinions

  1. Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
  2. Degnon v. Cook & Wilson'sAppellate Terms of the Supreme Court of New York · 1917
  3. Dodge Manufacturing Co. v. Nassau Show Case Co.Appellate Division of the Supreme Court of the State of New York · 1899
  4. Kantro v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1899
  5. Routenberg v. . SchweitzerNew York Court of Appeals · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Reichhold Chemicals, Inc. v. Schenectady Coating Corp., New York County Courts1940

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API