Market National Bank v. Pacific National Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made at the March term, 1882, which reversed an order of Special Term denying a motion to vacate and set aside a judgment by default herein, and which granted said motion. The material facts are stated in the opinion.
1Opinion of the CourtMiller, J.
There was an order of publication in this case, which was commenced by attachment.. The summons and complaint were served on the defendant, who was a non resident, out of the State, on the 25th of Fovember, 1881, and judgment was entered on the 20th of Jammy following. A motion was made at Special Term to vacate the judgment which was denied and upon appeal the General Term reversed the order and vacated and set aside the judgment.
Under the provisions of the old Code, section 135, it is declared that, “ * * * the order must direct the publication to be made in two newspapers * * * for such…
2Cases cited7 opinions
- Bunce v. ReedNew York Supreme Court · 1853
- Sheldon v. . WrightNew York Court of Appeals · 1851
- Olcott v. . RobinsonNew York Court of Appeals · 1860
- Wood v. TerryNew York Supreme Court · 1871
- Brooklyn Trust Co. v. . BulmerNew York Court of Appeals · 1872
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3Cited by35 opinions
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- Smith v. CollisMontana Supreme Court · 1910
- Olds v. City of JamestownNew York Court of Appeals · 1939
- Seccombe v. RoeCalifornia Court of Appeal · 1913
- Arnold v. StateCourt of Criminal Appeals of Oklahoma · 1913
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