Capital City Bank v. Parent
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 25, 1890, which affirmed a judgment of the Special Term dismissing plaintiff’s complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtLandon, J.
This is an action in the nature of a creditor’s bill. It is based upon an execution returned unsatisfied upon a judgment for money only, entered in an action in the Supreme Court in favor of this plaintiff against Charles C. Nelson, who was a nonresident, was served by publication, did- not appear, but in which a warrant of attachment way issued, and proof by affidavit produced and filed upon the motion for judgment that the attachment had been levied upon property of the defendant, which levy it was shown upon this trial was never made.
We think the complaint was properly dismissed.
The only…
2Cases cited3 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- McKinney v. . CollinsNew York Court of Appeals · 1882
- Backus v. KimballNew York Supreme Court · 1891
3Cited by8 opinions
- Patchen v. RofkarAppellate Division of the Supreme Court of the State of New York · 1896
- Dittmar v. De CastellaneAppellate Division of the Supreme Court of the State of New York · 1901
- Dunn v. ArkenburghAppellate Division of the Supreme Court of the State of New York · 1900
- Patchen v. RofkarAppellate Division of the Supreme Court of the State of New York · 1896
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1897
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