Hull v. Canandaigua Electric Light & Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walter D. Wilcox, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Ontario on the 5th day of May, 1900, denying his motion to set aside and vacate a judgment of foreclosure and sale theretofore entered in. the action.
1Opinion of the Court
Spring, J".:
This action was brought on the 30th day of May, 1899, to foreclose a mortgage. The two defendants Wilcox were 'judgment creditors of the defendant the Canandaigua Electric Light and Railroad Company, and the mortgage foreclosed was given during the pendency of the action which culminated in the judgment in their favor. The copy summons served on the defendant Walter D. Wilcox did not contain the name of the attorney who commenced the action of foreclosure. The office and post office address were correctly stated, but in copying, the name of the attorney was inad*420vertently omitted.…
2Cases cited10 opinions
- Gribbon v. . FreelNew York Court of Appeals · 1883
- Clapp v. . GravesNew York Court of Appeals · 1863
- McCoun v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- Austin v. Lamar Fire InsuranceMassachusetts Supreme Judicial Court · 1871
- Osborn v. McCloskeyNew York Supreme Court · 1878
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3Cited by8 opinions
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- Steffens v. MartinAppellate Terms of the Supreme Court of New York · 1917
- Hober v. ReikertAppellate Terms of the Supreme Court of New York · 1916
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