Place v. . Riley
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 12, 1884, which reversed an order of Special Term, ordered that an execution issued herein and a sale of certain real estate thereunder be set aside, adjudged the sheriff’s deed thereof void, and directed it to be canceled of record.
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Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 12, 1884, which reversed an order of Special Term, ordered that an execution issued herein and a sale of certain real estate thereunder be set aside, adjudged the sheriff’s deed thereof void, and directed it to be canceled of record. (Reported below, 32 Hun, 17.) An attachment was issued in this action against defendant, a resident of the State, on the ground, and upon proof, showing that he had departed therefrom with intent to defraud his creditors, or to avoid the service of…
1Opinion of the CourtAndrews, J.
The defendant Eiley, upon being allowed to come in and defend under section 445 of the Code, succeeded in his defense, and this motion was subsequently made' to'set aside the sale of his -real estate, under the execution on the original judgment which was vacated by the subsequent proceedings. The jurisdiction of the court to grant the order for the service of the summons in the action by publication, and to issue the warrant of attachment, is not questioned. The court in both cases proceeded upon proof that the defendant Eiley was a resident of the State of Hew York, and had departed…
2Cited by8 opinions
- Gilman v. . TuckerNew York Court of Appeals · 1891
- Herman v. SiegmundAppellate Division of the Supreme Court of the State of New York · 1984
- In re MarshallU.S. Circuit Court for the District of Northern California · 1900
- Fishman v. SandersNew York Court of Appeals · 1965
- Van Camp v. SearleNew York Supreme Court · 1894
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