Straus v. Guilhou
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hugo Straus, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of December, 1902, permitting the defendants, upon an order of discontinuance entered on the 10th day of ¡November, 1902, to enter judgment dismissing the complaint herein, and also from a judgment entered in said clerk’s office on the 1st day of December, 1902, upon said order of…
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Appeal by the plaintiff, Hugo Straus, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of December, 1902, permitting the defendants, upon an order of discontinuance entered on the 10th day of ¡November, 1902, to enter judgment dismissing the complaint herein, and also from a judgment entered in said clerk’s office on the 1st day of December, 1902, upon said order of discontinuance.
1Opinion of the Court
McLaughlin, J.:
This action was commenced by the service of a summons by publication, and a warrant of attachment was obtained against defendants’ property, under which a levy was made. Thereafter the defendants, by an attorney, appeared specially for the purpose of moving to vacate the attachment and the order of publication. Intermediate the argument of the motion and its determination the plaintiff, with the permission of the justice before whom the motion was pending, applied, ex parte, to and obtained from a justice sitting in another part of the court, an order discontinuing the action…
2Cases cited3 opinions
- Wynkoop v. Van BeurenNew York Supreme Court · 1892
- Booth v. Kingsland Avenue Building Ass'nAppellate Division of the Supreme Court of the State of New York · 1897
- New York Central & Hudson River Railroad v. Village of Hastings-on-HudsonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- American Surety Co. v. Florida Nat. Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1938
- Kehaya v. AxtonDistrict Court, S.D. New York · 1940
- Olesen v. Fidelity & Deposit Co. of MarylandCity of New York Municipal Court · 1932
- Art Department, Inc. v. D'EsteNew York Supreme Court · 1982
- Universal Credit Co. v. BlindermanCity of New York Municipal Court · 1936
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