Kennedy v. Lamb
Appellate Division of the Supreme Court of the State of New York
Appeal by David P. Goldstein and another from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of November, 1804, granting the plaintiffs motion to compel the appellants to complete their purchase of premises sold at a partition sale in the above-entitled action.
1Opinion of the Court
Jenks, J. :
This order is not open to collateral attack if the affidavits vested the judge with jurisdiction to pass upon the question and he was satisfied. (Salisbury v. McGibbon, 58 App. Div. 524; Kennedy v. N. Y. L. Ins. & Trust Co., 101 N. Y. 487.) Even slight and inconclusive proof may confer jurisdiction.» (Carleton v. Carleton, 85 *430N. Y. 313.) We think that the affidavits were sufficient to justify a determination by the judge that the defendants could not with due diligence be served personally. (Kennedy v. N. Y. L. Ins. & Trust Co., supra ; Salisbury v. McGibbon, supra.) In Kennedy's…
2Cases cited7 opinions
- Carleton v. . CarletonNew York Court of Appeals · 1881
- Crouter v. . CrouterNew York Court of Appeals · 1892
- Matter of Bd. of Education of New York.New York Court of Appeals · 1903
- McCracken v. . FlanaganNew York Court of Appeals · 1891
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
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