Birmingham, C. & St. A. R. v. Gordon

U.S. Circuit Court for the District of Southern New York

Birmingham, C. & St. A. R. v. Gordon

179 F. 1022, 1910 U.S. App. LEXIS 5450

U.S. Circuit Court for the District of Southern New York·Decided May 11, 1910·Published

Opinion

NOYES, Circuit Judge.

I am not so satisfied that section 1779 of the Code of Civil Procedure of the state of New York, either, by itself or in- connection with section 1780 of said Code, is in conflict with the provisions of the federal Constitution-that I deem it my duty to hold it unconstitutional in deciding this motion. The motion for an order vacating the summons and dismissing the suit is denied.

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NOYES, Circuit Judge.

I am not so satisfied that section 1779 of the Code of Civil Procedure of the state of New York, either, by itself or in- connection with section 1780 of said Code, is in conflict with the provisions of the federal Constitution-that I deem it my duty to hold it unconstitutional in deciding this motion. The motion for an order vacating the summons and dismissing the suit is denied.

Birmingham, C. & St. A. R. v. Gordon, 179 F. 1022, 1910 U.S. App. LEXIS 5450 (circtsdny 1910).

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