Eleventh Ward Bank v. Powers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leander W. Powers, from an order of the Supreme Court, made at the New York Special Term, bearing date the 24th day of March, 1899, as resettled by an order bearing-date the 8th day of May, 1899, and entered in the office of the clerk of the county of New York, denying his motion to dismiss the action as to him.
1Opinion of the Court
Ingraham, J.:
The appellant, Leander W. Powers, was made a party defendant, to this action, and upon the 9th of February, 1,899, he' appeared in the action by the service on the plaintiff’s attorney of a notice of appearance which contained a demand for a copy of the complaint. No complaint having been served, the appellant made a motion to dismiss the complaint as to him. In reply, the plaintiff alleges that, the summons was served upon this appellant by publication, and the-*179time to answer having expired that the appellant was in default. The plaintiff presented to the court an order granted…
2Cited by6 opinions
- Mishkind-Feinberg Realty Co. v. SidorskyAppellate Division of the Supreme Court of the State of New York · 1906
- G. T. Atanasio & Co. v. Societe Les Affreteurs ReunisAppellate Division of the Supreme Court of the State of New York · 1923
- Carroll v. FowlerSouth Dakota Supreme Court · 1914
- Farmers' & Merchants' State Bank v. StringerNew York Supreme Court · 1902
- In re the Arbitration between Ladin & D. & C. Textile Corp.Appellate Division of the Supreme Court of the State of New York · 1963
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