Sullivan v. Frazee
The Superior Court of New York City
Appeal from a judgment ordered at a special term, on a trial before a justice of this court without a jury. The action was in the nature of a creditors’ suit.
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Appeal from a judgment ordered at a special term, on a trial before a justice of this court without a jury. The action was in the nature of a creditors’ suit. It was brought by the plaintiff, a judgment creditor of the defendant Erazee, after the return of an execution unsatisfied, to have the property of Frazee applied to the payment of such judgment; and to that end to set aside a chattel mortgage executed by said Frazee to his co-defendant Ellen M. Robbins, alleged to have been made to hinder, delay and defraud the creditors of Frazee; and for the appointment of a receiver, &c. The…
1Opinion of the Court
By the Court,
Robertson, Ch. J.
In this case one of the defendants (Robbins) was not a resident of this state, and was served with a summons in the state of Connecticut only, and not in this city. She sets up those facts alone in her answer, and claims that this court has, therefore, no jurisdiction of her person. The answer is signed by an attorney of this court. The plaintiff proceeded to a trial before a justice of this court without a jury. Ro reply was put in to such answer, nor was any evidence introduced on such trial to disprove its allegations. The Code permits a defendant to demur…
2Cases cited1 opinion
- Cooley v. LawrenceThe Superior Court of New York City · 1855
3Cited by1 opinion
- Horton v. FancherNew York Supreme Court · 1878