Maples v. . MacKey
New York Court of Appeals
Appeal from judgment of the General. Term of the Supreme Court, in the third judicial department, entered upon an order made September 24, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 22 Han, 228.) This proceeding was instituted in 1876 under section 375, of the Code of Civil Procedure, to charge defendant Mackey with a judgment herein.
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Appeal from judgment of the General. Term of the Supreme Court, in the third judicial department, entered upon an order made September 24, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 22 Han, 228.) This proceeding was instituted in 1876 under section 375, of the Code of Civil Procedure, to charge defendant Mackey with a judgment herein. The action was brought in 1858 to recover an indebtedness contracted by defendants as copartners. Judgment was entered by default, August 31, 1858 The judgment recited…
1Opinion of the CourtRapallo, J.
Judgment was entered August 31, 1858, in favpr of the plaintiff against Angelí and Mackey upon a joint contract. The judgment was by default and recited that the summons, and a copy of the complaint had been personally served on Angelí, one of the defendants. This recital ■ was sufficient to show that the court had acquired jurisdiction, and even if the’proof of service filed with the judgment-roll was defective, that irregularity did not show want of jurisdiction or affect the validity of the judgment. It having been rendered by a court of general jurisdiction, all intendments are in favor…
2Cases cited1 opinion
- White v. . BogartNew York Court of Appeals · 1878
3Cited by8 opinions
- Long v. . StaffordNew York Court of Appeals · 1886
- In re the Estate of SpringAppellate Division of the Supreme Court of the State of New York · 1952
- Kelly v. SchrammAppellate Division of the Supreme Court of the State of New York · 1921
- Kramer v. SchatzkinAppellate Terms of the Supreme Court of New York · 1899
- Burke v. KaltenbachAppellate Division of the Supreme Court of the State of New York · 1908
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