Dunn v. Arkenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eliza J. Arkenburgh, as executrix, etc., of Robert H. Arkenburgh, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 4th day of May, 1899, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term. This appeal was transferred from the first department to the see■ond department.
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Appeal by the defendant, Eliza J. Arkenburgh, as executrix, etc., of Robert H. Arkenburgh, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 4th day of May, 1899, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term. This appeal was transferred from the first department to the see■ond department. The plaintiff, Oliver M. Arkenburgh, brought an action against Robert H. Arkenburgh, and obtained therein a warrant of attachment, under which the…
1Opinion of the Court
Hatch, J.:
This action is brought pursuant to the provisions of section 677 of.the Code of Civil Procedure, leave therefor having been duly obtained. The averments of the complaint showing that leave was so obtained are sufficient; and while it does not appear in the order granting the leave that notice of the application was given to the sheriff, yet the defendants cannot take .advantage of that fact. The Code provision in this respect was clearly for the benefit of the sheriff and to protect his rights. The defendants are in nowise prejudiced thereby, and cannot now be heard to complain,…
2Cases cited7 opinions
- In Re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of ClarkNew York Court of Appeals · 1893
- In re ArkenburghAppellate Division of the Supreme Court of the State of New York · 1899
- Capital City Bank v. ParentNew York Court of Appeals · 1892
- Greenleaf v. MumfordNew York Supreme Court · 1865
- Backus v. KimballNew York Supreme Court · 1891
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3Cited by4 opinions
- Maxwell v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1921
- Arkenburgh v. ArkenburghAppellate Division of the Supreme Court of the State of New York · 1906
- Amberg v. Manhattan Life InsuranceNew York Supreme Court · 1900
- In re StephensNew York Surrogate's Court · 1900