Avery v. Bender

Sylvester, J.,

dissents from this opinion on the grounds that on the face of the record no property owned by the defendants had been taken into the control of the court at the time that process was issued or at the time notice of pendency of the petition was delivered to the defendants Bender and Feuerlicht in New York.

On Motion to Reargue

Present: Holden, C. J., Shangraw, Barney, Smith and Keyser, JJ. Barney, J.

The defendant Feuerlicht moved for permission to reargue. Meanwhile, the plaintiff brought to the attention of this Court the death of the defendant Bender, which occurred after…