Titus v. Relyea
New York Supreme Court
Appeal from an order denying a motion to vacate judgment. This action was brought to recover money demanded upon contracts and a judgment. At the commencement of the action the plaintiff obtained an attachment under the Code, against the property of the defendant, on the ground that he was a nonresident, and also an order for service of the summons by publication. This order directed the publication of the summons, “ a copy of which is hereunto annexed.”
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Appeal from an order denying a motion to vacate judgment. This action was brought to recover money demanded upon contracts and a judgment. At the commencement of the action the plaintiff obtained an attachment under the Code, against the property of the defendant, on the ground that he was a nonresident, and also an order for service of the summons by publication. This order directed the publication of the summons, “ a copy of which is hereunto annexed.” The copy annexed was in the form given below, but without the addition of notice of the filing of the complaint. The summons with such a…
1Opinion of the Court
By the Court.*—Potter, J.
The defendant, by law in such a case as this, is limited in his application for relief to a motion^ as the only remedy that exists for him to review the question of jv/risdiction in a proceeding by which he may lose his estate. By the decision of the special term, he has been *182restricted even, in this right of review, and directed to make another application, and to submit such terms, if he makes that application, as the court before whom it is made may there impose; which terms may be to allow a judgment that may have been obtained without jurisdiction of his person…
2Cited by2 opinions
- Fink v. WallachNew York Supreme Court · 1905
- Burk v. AyersNew York Supreme Court · 1879