Engels Express Co. v. Ferguson
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court" of the city of Hew York, borough of Manhattan, first district, which dismissed the action for want of jurisdiction of the person of the defendant, and which judgment also brings up for review an order vacating an attachment obtained by plaintiff against defendant’s property.
1Opinion of the CourtGerard, J.
The plaintiff having obtained, the warrant of attachment against defendant’s property, a bond was filed to obtain the release of the levy, and on this bond there was indorsed: “ Charles G. Wheeler, attorney for defendant, 299 Broadway.”
The first question to .be determined is whether the placing of the name and address of an attorney on the bond which is filed to release property from an attachment constitutes a general appearance in the action.
*41Plaintiff relies on rule 2 of the Court Rules of the Municipal Court and on section 332 of the Municipal Court Act, which provides for the award of…
2Cases cited4 opinions
- Paine Lumber Co. v. GalbraithAppellate Division of the Supreme Court of the State of New York · 1899
- Wood v. FurtickAppellate Terms of the Supreme Court of New York · 1896
- Noble v. CrandallNew York Supreme Court · 1888
- Regelmann v. South Shore Traction Co.New York Supreme Court · 1910
3Cited by4 opinions
- Robinson v. RobinsonNew York Supreme Court · 1924
- Capuano v. ZollaNew York Supreme Court · 1958
- Jaworower v. RovereNew York Supreme Court · 1917
- Drake v. Shenandoah Pottery, Inc.City of New York Municipal Court · 1930