Franey v. Smith
New York Supreme Court
Appeal from order of Broome county judge. Supplementary proceedings by John Franey against Alvin C. Smith, impleaded with Hernán T. Smith, and John M. Wilson, a third party. From an order holding that the court had not jurisdiction, plaintiff appeals.
Read the full summary
Appeal from order of Broome county judge. Supplementary proceedings by John Franey against Alvin C. Smith, impleaded with Hernán T. Smith, and John M. Wilson, a third party. From an order holding that the court had not jurisdiction, plaintiff appeals. On the 4th day of October, 1892, the county judge of Broome county, on a notice of motion, that the referee’s report bearing date March 31, 1890, be confirmed, “ordered that the motion herein be, and the same is hereby, denied, upon the ground that the county judge of Broome county had no jurisdiction to make or grant the order in supplementary…
1Opinion of the CourtHardin, P. J.
The affidavits used before the county judge of Broome county fail to state facts sufficient to confer jurisdiction upon the county judge of Broome county. The affidavit presented to the county judge did not state the residence of Alvin 0. Smith at the time the order was granted, nor his residence at the time the affidavit was made. It does state, however, that his residence was in the county of Delaware at the time of issuing the execution in the year 1884. Marrill v. Allen, 46 Hun, 623. In the course of the opinion delivered in that case, Barker, J., said, in speaking of proceedings against…
2Cases cited1 opinion
- Schenck v. ErwinNew York Supreme Court · 1892
3Cited by2 opinions
- In re GagnonAppellate Division of the Supreme Court of the State of New York · 1898
- Franey v. SmithNew York Supreme Court · 1895