Hammond v. . National Life Assn.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made March 22, 1901, which affirmed an order of Special Term denying a motion to set aside warrants of attachment and to vacate and set aside the judgment herein. The motion to dismiss should be denied, because the motion to vacate was a special proceeding in that from its nature it was an original and independent proceeding. (Code Civ.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made March 22, 1901, which affirmed an order of Special Term denying a motion to set aside warrants of attachment and to vacate and set aside the judgment herein. The motion to dismiss should be denied, because the motion to vacate was a special proceeding in that from its nature it was an original and independent proceeding. (Code Civ. Pro. §§ 190, 416, 3333, 3334; Byrnes v. Labagh, 12 Civ. Pro. Rep. 417; Belknap v. Waters, 11 N. Y. 477; Van Arsdale v. King, 155 N. Y. 325; Marvin v. Marvin,…
1Opinion of the CourtMartin, J.
This is an appeal from an order denying the appellant’s motion to .set aside the attachments and judgment granted and entered in this action. Manifestly, the appellant’s motion was in the action, and its purpose was to obtain an order therein. (Van Arsdale v. King, 155 N. Y. 325; City of Johnstown v. Wade, 157 N. Y. 50.) That fact is not only obvious from the record, but it is equally obvious that the appellant understood and intended it as such. The record discloses that he appeared in the action specially for the purpose of making the motion, and that he never attempted to institute any…
2Cases cited2 opinions
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- City of Johnstown v. . WadeNew York Court of Appeals · 1898
3Cited by8 opinions
- Olds v. City Trust, Safe Deposit & Surety Co.Massachusetts Supreme Judicial Court · 1904
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
- Nazareth Cement Co. v. Union Indemnity Co.Superior Court of Pennsylvania · 1934
- Giuliano v. GiulianoAppellate Division of the Supreme Court of the State of New York · 1951
- McNelus v. StillmanAppellate Division of the Supreme Court of the State of New York · 1916
3 more not listed; retrieve them via the Exa API.