Backus v. Kimball
New York Supreme Court
Appeal from special term, St. Lawrence county. ' Action by Erastus P. Backus, sheriff, etc., against William H. Kimball, executor of Pliny Wright, deceased.
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Appeal from special term, St. Lawrence county. ' Action by Erastus P. Backus, sheriff, etc., against William H. Kimball, executor of Pliny Wright, deceased. The complaint sets forth the commencement of two actions in the supreme court by different plaintiffs against one Bigelow for the recovery of money upon contracts, the service of the summons in each ease by publication, and the non-appearance and default of the defendant; also the devise of certain real estate of the value of $500 to the defendant in this action in trust, and with power of sale, to convert into money and pay to said…
1Opinion of the CourtLandon, J.
The complaint is within the letter of the statute. Section 655, Code Civil Proe., was amended in 1889 by adding thereto as follows: “(2) Where the summons was served without the state, or by publication, pursuant to an order obtained for that purpose, as prescribed in chapter fifth of this act, and where the defendant has not appeared in the action, (otherwise than specially,) but has made default, and before entering final judgment the sheriff may, in aid of said attachment, maintain an action against the attachment debtor, and any other person or persons, or against any other person or…
2Cases cited7 opinions
- Freeman v. AldersonSupreme Court of the United States · 1886
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Anthony v. . WoodNew York Court of Appeals · 1884
- Schwinger v. . HickokNew York Court of Appeals · 1873
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Capital City Bank v. ParentNew York Court of Appeals · 1892
- Sturcke v. LinkNew York Supreme Court · 1941
- Dunn v. ArkenburghAppellate Division of the Supreme Court of the State of New York · 1900
- Butcher v. PearsonAppellate Division of the Supreme Court of the State of New York · 1899
- Harding v. ElliottNew York Supreme Court · 1895