Durkin v. Paten
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William W. Paten, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiffs, entered on the 4th day of April, 1904, and also from an order bearing date the 4th day of April, 1904, denying the defendant’s motion to vacate an attachment.
1Opinion of the Court
Hooker, J.:
Like Mohlman Co. v. Landwehr (87 App. Div. 83) judgment was entered in this case by default, pursuant to the provisions of *140section 91 of the Municipal Court Act (Laws of. 1902, chap. 580). The defendant was not personally served with process, and plaintiffs sought to confer jurisdiction in the Municipal Court to render ■ » judgment by procuring and levying an attachment on personal property of the defendant. The defendant appeared specially by his attorney ancl upon affidavits moved to vacate the order of attachment; this motion was denied, and plaintiffs proving their case took…
2Cases cited2 opinions
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- Thompson v. DaterNew York Supreme Court · 1890
3Cited by4 opinions
- Eaton Factors Co. v. Double Eagle Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Nolan v. Louis Workman Co.New York Supreme Court · 1932
- Hill v. AtanasioAppellate Terms of the Supreme Court of New York · 1911
- Tomback & McPhee v. BerkowitzAppellate Terms of the Supreme Court of New York · 1912