McCracken v. . Flanagan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 8, 1889, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The action was ejectment brought to recover the possession of two lots of land situate at Mount Yernon, Westchester county, by the plaintiff McCracken alleging ownership.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 8, 1889, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The action was ejectment brought to recover the possession of two lots of land situate at Mount Yernon, Westchester county, by the plaintiff McCracken alleging ownership. The answer alleged ownership in defendants and possession by them as such owners. Upon the trial the plaintiff relied upon a conveyance of the premises in question from one Henry…
1Opinion of the CourtPotter, J.
The affidavit upon which the judge granted
the order for service of the summons and complaint upon the-grantor of plaintiff was as follows:
“City and County oe New York, ss. :
“ Minott M. Silliman being duly sworn, says that he is one of the attorneys for the plaintiffs in the above entitled action ; that a summons has been issued in this action against the defendant therein; that defendant is a non-resident of this state, nor can be found therein, but has a place of residence at Matewan, in the state of New Jersey; that this action is brought to recover the sum of nine hundred and sixty-four…
2Cases cited3 opinions
- Carleton v. . CarletonNew York Court of Appeals · 1881
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
- Jerome v. FlaggNew York Supreme Court · 1888
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- Kennedy v. . LambNew York Court of Appeals · 1905
- Evans v. HallasArizona Supreme Court · 1946
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