Lyle v. Smith
New York Supreme Court
In Partition. The lis pendens in this case was filed by A. C. Griswold, attorney for above plaintiff, with the clerk of Dutchess county, on the 3d day of July, 1856. The plaintiff had not served upon any of the defendants any summons and complaint in the action up to 1st Sept., 1856, as appears by the affidavit of the plaintiff’s attorney.
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In Partition. The lis pendens in this case was filed by A. C. Griswold, attorney for above plaintiff, with the clerk of Dutchess county, on the 3d day of July, 1856. The plaintiff had not served upon any of the defendants any summons and complaint in the action up to 1st Sept., 1856, as appears by the affidavit of the plaintiff’s attorney. L. Maison, one of the defendants, moves upon petition, that the summons and complaint in this action, if any had been issued or served, be dismissed, and that the lis pendens filed in above suit, be declared to be vacated and annulled—he being desirous that…
1Opinion of the Court
Brown, Justice.
1st. This action is instituted in the name of Jacob V. N. Lyle, who is an infant, by Harriet V. N. Lyle, claiming to be his guardian ad litem, for the partition of lands; and it appears by the papers on both sides, that the petitioner, Leonard Mais'on, is made a party, but not actually served with process. His interest, therefore, as tenant in common of the lands sought to be partitioned, is not disputed.
2. The pendency of the plaintiff’s action, although the petitioner has not been served with process therein, operates to his prejudice; for he is neither proceeded against…
2Cited by1 opinion
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