Marrone v. Tesoriere
New York Supreme Court
The defendant appears specially for the purpose of the motion and moves for an order setting aside and vacating the order for the publication of the summons herein and the attempted service of the summons under such order. The motion comes on pursuant to an order to show cause and is made upon the summons, complaint, order of publication and affidavit of the-attorney for the defendant and is opposed upon the affidavits of the plaintiff and one of his attorneys.
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The defendant appears specially for the purpose of the motion and moves for an order setting aside and vacating the order for the publication of the summons herein and the attempted service of the summons under such order. The motion comes on pursuant to an order to show cause and is made upon the summons, complaint, order of publication and affidavit of the-attorney for the defendant and is opposed upon the affidavits of the plaintiff and one of his attorneys. The sole grounds for the relief asked for by the defendant are stated in his bri,ef as follows: “ That the court has acquired no…
1Opinion of the CourtDeAngelis, J.
Under section 683 of the Code of Civil Procedure the new proof offered by the plaintiff *605tending to sustain the attachment was competent and that shows the presence of property in the state that may he or has been levied on under the attachment.
Since the papers do not definitely show where the contracts were made or' where the breaches thereof took place which are the causes of action, and, as this court is a court of general jurisdiction, I am permitted to rely upon the presumption that the causes of action arose within the jurisdiction of the court. Furbush v. Nye, 17 App. Div. 325, and…
2Cases cited6 opinions
- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
- Furbush v. NyeAppellate Division of the Supreme Court of the State of New York · 1897
- Matter of FieldNew York Court of Appeals · 1892
- Sabin v. KendrickAppellate Division of the Supreme Court of the State of New York · 1896
- Guffey v. Grand Trunk Railway Co.New York Supreme Court · 1910
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3Cited by2 opinions
- Banfield Co. v. HollenbeckAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Construction of the Will of SladeNew York Surrogate's Court · 1955