Legal Opinion

Tausend v. Handlear

Appellate Terms of the Supreme Court of New York

Decided January 15, 1901PublishedCited by 2 opinions

Appeal by the defendant from a judgment of the Municipal Oourt of the city of Meiw York, borough of Manhattan, rendered in favor of the plaintiffs upon a default. The nature of the action and material facts are stated in the opinion.

1Opinion of the Court

Giegerich, J.*

The defendant was not personally served with the summons, aud he appeared for the special purpose of moving *588to vacate the attachment and to dismiss the action. The motion was denied, and judgment was rendered against the defendant by default. The defendant has appealed to this court from the judgment so rendered, against him, with notice that on such appeal there would be brought up for review the order denying the motion to vacate and set aside the attachment. It is to> be regretted that so important a question as the one presented on this appeal has to be decided without the…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Penoyar v. . KelseyNew York Court of Appeals · 1896
  2. People ex rel. Bicinelli v. DunnNew York Supreme Court · 1898

3Cited by2 opinions

  1. V. Loewer's Gambrinus Brewing Co. v. LithauerAppellate Terms of the Supreme Court of New York · 1901
  2. Plymouth Venture Partners, II, L.P. v. GTR Source, LLC Capital MerchantCourt of Appeals for the Second Circuit · 2021

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