Beacon v. Rogers
New York Supreme Court
Appeal from special term, Erie county. Action by Johnston W. Beacon against Lucius Rogers. From a judgment entered on an order vacating and setting aside the service of summons and complaint and order of arrest on defendant, and dismissing the action, with costs, plaintiff appeals. Appeal from judgment dismissed.
1Opinion of the CourtHaight, J.
The appeals from the judgment and from the order were separately taken, and we have been furnished an appeal book upon each appeal. There was but one action, and both appeals are in that action, and we shall consequently consider them together. The papers show that the defendant was a resident of Smethport, McKean county, Pa.; that he was enticed within this state for the purpose of procuring his arrest and the service of the summons and complaint. The order appealed from properly vacated and set aside the service of the summons, as well as the service of the order of arrest, but it should…
2Cases cited3 opinions
- Metcalf v. ClarkNew York Supreme Court · 1864
- Higgins v. DeweyNew York Court of Common Pleas · 1891
- Higgins v. DeweyCity of New York Municipal Court · 1890
3Cited by3 opinions
- Gumperz v. HofmannAppellate Division of the Supreme Court of the State of New York · 1935
- Olean Street Railway Co. v. Fairmount Construction Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Hohmann & Barnard, Inc. v. Combined Welder & Machine Corp.New York Supreme Court · 1959