Kieley v. Central Complete Combustion Manuf'g Co.
New York Court of Common Pleas
Appeal from special term. Action by Timothy J. Kieley against the Central Complete Combustion Manufacturing Company. From an order denying a motion to vacate an attachment on the ground of a failure to serve the summons within 30 days after the issuing of the warrant, defendant appeals.
1Opinion of the CourtDaly, C. J.
This is an appeal from an order of the special term of this court denying defendant’s motion to vacate an attachment granted on November 14, 1894, against the defendant, as a foreign corporation. Code, § 636. The ground of the motion is that the plaintiff had not complied with the provisions requiring that, within 30 days after the granting of the attachment, defendant must be served with the summons personally within or without the state, or by publication pursuant to an order therefor. Id. § 638. It appears that defendant, as a foreign corporation, filed with the secretary of state the…
2Cited by2 opinions
- Persons v. Buffalo City MillsAppellate Division of the Supreme Court of the State of New York · 1898
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