39 Minn. 415 | Minn. | 1888
By this proceeding the plaintiff attempts to restrain tbe defendant from prosecuting an action in the state of New York, in which a writ of attachment has been issued, and plaintiff’s money there seized and attached in the hands of its correspondent. The appeal is from an order refusing an interlocutory injunction, restraining defendant during the pendency of this action from proceeding in the other. The plaintiff is an association duly organized under the national-bank act, and doing business in the state of Minnesota; while the defendant is a resident of this state also. By the complaint herein it seems that in the action which has been commenced in New York this defendant is plaintiff, and this plaintiff association the de-
Inasmuch as the complaint herein expressly states that personal service of the summons in the New York case has not and cannot be made upon the defendant, and it clearly appears that the issuance of the writ of attachment and all proceedings thereunder, as set forth, are wholly illegal and void because of the inhibition found in the federal statute, it is obvious that the court in which the action has been initiated has failed to acquire any jurisdiction whatsoever over the person or property of this plaintiff. Except by consent it is powerless to proceed in the attempted action; it cannot aid this defendant in his efforts to secure a trial in the state of New York; nor can it compel this plaintiff to appear and submit the merits of its defence. It is true that in issuing its process, by means of which plaintiff’s
Order affirmed.