Howe Machine Co. v. . Pettibone
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term' denying a motion to vacate an order for the service of summons by publication, and a judgment entered upon such service. (Reported below, 12 Hun, 657.) The motion was made, among other papers, upon the judgment roll in the action.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term' denying a motion to vacate an order for the service of summons by publication, and a judgment entered upon such service. (Reported below, 12 Hun, 657.) The motion was made, among other papers, upon the judgment roll in the action. This contained an affidavit for an attachment; to the affidavit, upon which the order for publication was granted, was annexed a certificate of the sheriff, which was referred to in the affidavit. The material allegations in the…
1Opinion of the CourtMiller, J.
According to the papers contained in the printed record upon this appeal, which we have a right to consider, there was sufficient evidence to authorize the granting of the order of publication by the judge to whom the-application was made, and such being the case an appeal lies from the order of the General Term to this court. The affidavit of the plaintiff’s president shows unequivocally that the defendant, who had been in the employment of the plaintiff, and in the receipt of moneys, drafts and checks during the temporary absence of that officer, had received, in the due course of the…
2Cited by10 opinions
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- Evans v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1908
- Greenbaum v. DwyerNew York Supreme Court · 1883
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