Delaney v. Bouse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Garret A. Bouse, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor' of the plaintiffs, entered on the 29th day of September, 1903, and also from an order denying the defendant’s motion to vacate an attachment issued in the action.
1Opinion of the Court
Hirschberg, P. J. :
The judgment was entered on default and without personal service of the summons. The defendant appeared by attorney only upon the return day of an order to show cause why an attachment accompanying the summons should not be vacated. The motion to vacate the attachment was denied and the appeal from the judgment and the order denying the motion brings up for review the question of ' the validity of the attachment- as a basis for the judgment under the terms of section 91 of the Municipal Court Act of the City of New York (Laws of 1902, chap. 580). If the attachment should…
2Cases cited8 opinions
- Stewart v. LymanAppellate Division of the Supreme Court of the State of New York · 1901
- Haskell v. OsbornAppellate Division of the Supreme Court of the State of New York · 1898
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- Cronin v. CrooksNew York Supreme Court · 1894
- Abrams v. LavineNew York Supreme Court · 1895
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3Cited by1 opinion
- Tomback & McPhee v. BerkowitzAppellate Terms of the Supreme Court of New York · 1912