Raven v. . Smith
New York Court of Appeals
Appeal from order of the General Term of the Supreme ‘Court in the second judicial department, entered February 26, 1894, which affirmed an order of the County Court of Westchester county denying a motion by defendant to set .aside the judgment of the County Court in the action. This action was brought to foreclose a mechanic’s lien. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme ‘Court in the second judicial department, entered February 26, 1894, which affirmed an order of the County Court of Westchester county denying a motion by defendant to set .aside the judgment of the County Court in the action. This action was brought to foreclose a mechanic’s lien. The facts, so far as material, are stated in the opinion. The judgment was void, because the County Court did not have jurisdiction of the person of the defendant. (Frees v. Ford, 6 N. Y. 176; Davidsburgh v. K. L. Ins. Co., 90 N. Y. 526; Code Civ. Pro. § 340;…
1Opinion of the CourtO’Brien, J.
The notice of appeal in this case includes various orders made by the County Court in the action after judgment and after affirmance in the Supreme Court and one or two orders made in the latter -court. FTone of these orders are appealable to this court so far as they involved questions depending upon discretion and all of them do except the order made upon the plaintiff’s application to set aside the judgment on the ground that the County Court had no jurisdiction of the action. Assuming that this is an order affecting a substantial right made upon a summary application in an action, after…
2Cited by8 opinions
- Sklar & Cohen Woodworking Co. v. OwenAppellate Division of the Supreme Court of the State of New York · 1917
- Erickson v. RussNorth Dakota Supreme Court · 1911
- Delaware National Bank of Delhi v. Wiss, New York County Courts1936
- McConologue v. McCaffreyAppellate Terms of the Supreme Court of New York · 1899
- McCann v. GerdingAppellate Terms of the Supreme Court of New York · 1899
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