Young v. Fowler
New York Supreme Court
Appeal from special term, New York county. Action by Joseph A. Young against Elbert A. Fowler and others. From an order denying a motion to vacate an attachment, defendant Fowler appeals.
1Opinion of the CourtVan Brunt, P. J.
The attachment in this action having been granted in September, 1889, on the 29th of August, 1893, a motion was made to vacate the same, upon the ground that the defendant had never been served in the action, and the court, had never obtained jurisdiction of the defendant, and upon other *876grounds, which it is not necessary to mention here. This motion having been denied, from the order thereupon entered this appeal is taken.
It is claimed that the court never acquired jurisdiction, because there were but six publications of the summons, whereas, under the 'Code as it now exists, seven…
2Cited by6 opinions
- Cohen v. Portland Lodge No. 142U.S. Circuit Court for the District of Oregon · 1906
- Fink v. WallachNew York Supreme Court · 1905
- Brooks v. BrooksAppellate Division of the Supreme Court of the State of New York · 1920
- Nichols v. EmmettNew York Supreme Court · 1907
- Smith v. ButlerAppellate Division of the Supreme Court of the State of New York · 1926
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