Hollender v. Hall
New York Supreme Court
Action by John H. Hollender against Henry 0. Hall. Defendant left New York state, went to Mantanzas, Cuba, and there established his residence, and engaged in mercantile business, in 1853, and continued in that business until 1864. After that he was in the consular service of the United States until March, 1889, and then he went to Managua, in Nicaragua, as resident agent of a maritime canal company, and still holds that position.
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Action by John H. Hollender against Henry 0. Hall. Defendant left New York state, went to Mantanzas, Cuba, and there established his residence, and engaged in mercantile business, in 1853, and continued in that business until 1864. After that he was in the consular service of the United States until March, 1889, and then he went to Managua, in Nicaragua, as resident agent of a maritime canal company, and still holds that position. On May 13, 1890, he came to New York on a visit, and then went to Washington, D. C. He then returned from Washington for the sole purpose of testifying in an action…
1Opinion of the CourtBeach, J.
I am satisfied from the affidavits in this case that the defendant is not a resident of this state. His employment is in a foreign country, and he has not actually resided here for many years. It may be that he has not by such foreign residence lost his citizenship of this state; but it appears from a review of the authorities that the immunity from the service of process depends, not upon the abstract question of citizenship, but upon the fact of actual residence. This immunity is said to be “one of the necessities of the administration of justice, and that courts would often be embarrassed…
2Cases cited1 opinion
- Person v. . GrierNew York Court of Appeals · 1876
3Cited by4 opinions
- Burroughs v. Cocke & WillisSupreme Court of Oklahoma · 1916
- Sofge v. LoweTennessee Supreme Court · 1915
- Marks v. La Societe Anonyme de l'Union des PapeteriesNew York Court of Common Pleas · 1892
- Monroe v. St. Clair Circuit JudgeMichigan Supreme Court · 1900