Hallett v. Righters
New York Supreme Court
Motion to set aside judgment. On due proof that defendants were residents of the state of Pennsylvania, and had property in this state, and that a cause of action existed against them on contract, made to Justice Johnson, an order was made by him, dated February 27,1854, ordering the service, of the summons in the action by publication thereof, once in each week for six weeks, in a newspaper in Steuben county, and one in Chemung, and that a copy thereof be sent by mail to…
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Motion to set aside judgment. On due proof that defendants were residents of the state of Pennsylvania, and had property in this state, and that a cause of action existed against them on contract, made to Justice Johnson, an order was made by him, dated February 27,1854, ordering the service, of the summons in the action by publication thereof, once in each week for six weeks, in a newspaper in Steuben county, and one in Chemung, and that a copy thereof be sent by mail to the defendants at their residence—under § 135 of the Code. The summons was dated Feb. 24, 1854. No complaint was filed…
1Opinion of the Court
E. Darwin Smith, Justice.
The proceedings for the recovery and entry of this judgment in this action have been exceedingly loose, and it would have been set aside, on motion, at any time within one year after it was docketed as irregular.
But the statute of limitations (2 Revised Statutes, 358, § 2,) hag cured all questions of mere irregularity. Actions in this court are commenced by the service of a summons. (Code, § 127.) Section 139 provides that from the time of the service of the summons in a civil action, the court is deemed to have acquired jurisdiction, and to have control of all…
2Cases cited5 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Borden v. FitchNew York Supreme Court · 1818
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Manufacturers' & Mechanics' Bank of the Northern Liberties of the County of Philadelphia v. BoydNew York Supreme Court · 1846
- Smith v. FowleNew York Supreme Court · 1834
3Cited by16 opinions
- Foreman v. CarterSupreme Court of Kansas · 1872
- Beach v. BeachSupreme Court Of The Territory Of Dakota · 1889
- Atkins v. AtkinsNebraska Supreme Court · 1879
- Taylor v. ElliottIndiana Supreme Court · 1876
- Wortman v. WortmanNew York Supreme Court · 1863
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