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

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

DecidedMay 11, 1910

StatusPublished

This text of 179 F. 1022 (Birmingham, C. & St. A. R. v. Gordon) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

179 F. 1022, 1910 U.S. App. LEXIS 5450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birmingham-c-st-a-r-v-gordon-circtsdny-1910.