Kieley v. Central Complete Combustion Manufacturing Co.
New York Court of Appeals
Appeal from order of the G-eneral Term of the Court of Common Pleas for the city and county of Mew York, made June 3, 1895, which affirmed an order of the Special Term denying defendant’s motion to vacate an attachment. The facts, so far as material, are stated in the opinion. The warrant of attachment is -void because of the failure to serve the summons as required by law. (Code Civ. Pro. § 638; Williams v. Van Valkenburgh, 16 How.
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Appeal from order of the G-eneral Term of the Court of Common Pleas for the city and county of Mew York, made June 3, 1895, which affirmed an order of the Special Term denying defendant’s motion to vacate an attachment. The facts, so far as material, are stated in the opinion. The warrant of attachment is -void because of the failure to serve the summons as required by law. (Code Civ. Pro. § 638; Williams v. Van Valkenburgh, 16 How. Pr. 144.) The summons not having been served, nor publication commenced within the time required by law, the jurisdiction of the court ceased and the warrant of…
1Opinion of the CourtHaight, J.
The motion to vacate the attachment was made upon the ground that personal service of the summons-had not been made, nor publication - thereof commenced,, within thirty days after the granting of the attachment. The Code of Civil Procedure (§ 638) provides that “ personal service of the summons must he made upon the defendant, against whose property the warrant is granted, within thirty days-after the granting thereof; or else, before the expiration of the same time, service of the summons by publication must he commenced, or service thereof must be made without the state, pursuant to an…
2Cases cited4 opinions
- Waffle v. GobleNew York Supreme Court · 1868
- Williams v. Van ValkenburgNew York Supreme Court · 1858
- Smith v. KerrNew York Supreme Court · 1888
- McNamara v. Canada Steamship Co.New York Court of Common Pleas · 1882
3Cited by6 opinions
- Fair v. KennyNew York Supreme Court · 1918
- Rome Trust Co. v. CummingsNew York Supreme Court · 1924
- Al-Dohan v. KouyoumjianNew York Supreme Court · 1982
- City of New York v. Staten Island Midland Railway Co.New York Supreme Court · 1920
- Gottwals v. RencherNevada Supreme Court · 1939
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