Strickland v. Laraway
New York Supreme Court
Appeal from special term, Lewis county. Action by John E. Strickland and others against Ruth H. Laraway and Emily Laraway, in the nature of a creditors’ bill, based on a judgment recovered by plaintiffs against the defendant Emily Laraway on August 24, 1888. In the complaint, after an allegation of the recovery of the judgment and the issuing and return unsatisfied of an execution, it is alleged that on May 10, 1888, the defendant Emily Lara way, with intent to defraud…
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Appeal from special term, Lewis county. Action by John E. Strickland and others against Ruth H. Laraway and Emily Laraway, in the nature of a creditors’ bill, based on a judgment recovered by plaintiffs against the defendant Emily Laraway on August 24, 1888. In the complaint, after an allegation of the recovery of the judgment and the issuing and return unsatisfied of an execution, it is alleged that on May 10, 1888, the defendant Emily Lara way, with intent to defraud creditors, among whom were the plaintiffs, executed and delivered to the defendant Ruth a deed of a certain house and lot in…
1Opinion of the CourtMerwin, J.
It is claimed by the defendants that the judgment upon which this action is based is void, on the ground that the justice before whom the judgment was recovered acquired no jurisdiction to render it. The summons and verified complaint were personally served on the defendant by delivering to her copies thereof. The return of the constable did not show that the copies were left with her. The defendant did not appear, and thereupon the justice entered judgment for the amount demanded in the complaint. Ho proof was made before the justice of the cause of action. By chapter 414 of the Laws of 1881…
2Cases cited10 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Blair v. . BartlettNew York Court of Appeals · 1878
- Bate v. . GrahamNew York Court of Appeals · 1854
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Spring v. . ShortNew York Court of Appeals · 1882
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3Cited by1 opinion
- Otis v. HodgsonNew York Supreme Court · 1892