Coffin v. Chicago Northern Pacific Construction Co.
New York Supreme Court
APPEAL, by the plaintiff, from an order vacating an order made for the publication of the summons. (S. C., briefly reported, 4 Hun, 625.)
1Opinion of the Court
By the Court, Daniels, J.
There is nothing in the position taken by the counsel for the appellant, that the justice making the order for publication could not *338afterwards vacate it. Orders improvidently or inconsiderately made can always, as they should, be vacated or modified by the justice making them. Besides that, the power has been expressly conferred by the Code, (§ 324.) This case must therefore be disposed of upon the point whether,- upon the facts appearing, the order was properly set aside.
The respondent’s counsel claims that it was, because the court has no jurisdiction of the…
2Cases cited4 opinions
- Stearns v. MarshNew York Supreme Court · 1847
- Brownell v. HawkinsNew York Supreme Court · 1848
- Van Wyck v. HardyNew York Court of Appeals · 1861
- Von Rhade v. Von RhadeNew York Supreme Court · 1874
3Cited by1 opinion
- Galt v. Provident Savings BankNew York Supreme Court · 1886