Philadelphia & Reading Coal & Iron Co. v. Gilbert
Annotate this Case
245 U.S. 162 (1917)
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U.S. Supreme Court
Philadelphia & Reading Coal & Iron Co. v. Gilbert, 245 U.S. 162 (1917)
Philadelphia & Reading Coal & Iron Company v. Gilbert
Argued November 6, 1917
Decided November 26, 1917
245 U.S. 162
A Pennsylvania corporation was sued in New York, where it transacted but a part of its business, upon a cause of action for personal injuries arising in Pennsylvania, and the summons was served upon a New York agent which it had designated to receive service of process, conformably to the New York laws. It moved to set aside the service as void in that consent to be sued in New York could be implied only in respect of causes arising out of its business there, and that the attempt to compel it to respond to the action was an invasion of its rights under the Constitution, particularly § 1 of the Fourteenth Amendment. Held that, as the motion did not draw
in question the validity of the state law, but only the validity of the service and the power of the court, consistently with § 1 of the Amendment, to proceed upon such service, no basis was laid for reviewing in this Court by writ of error a subsequent judgment on the merits, but only for application for certiorari. Jud.Code § 237, as amended by Act of Sept. 6, 1916.
Writ of error to review 176 App.Div. 889, dismissed.
The case is stated in the opinion.