Phinney v. . Broschell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, vacating and setting aside an attachment issued herein. (Reported below, 19 Hun, 116.) The attachment was issued May 9, 1879, and a levy made upon property of the defendants.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, vacating and setting aside an attachment issued herein. (Reported below, 19 Hun, 116.) The attachment was issued May 9, 1879, and a levy made upon property of the defendants. An order for the publication of summons was granted June 5, 1879, of the material portions of which the following is a copy : “At a Special Term of the Supreme Court of the State of New York, held at Chambers at the New County Court House, in the City of New York, on the 5th day of June, A. D.…
1Opinion of the CourtRapallo, J.
The appellants claim that the order of publication in this case was not made by a judge, but by the court at Special Term, and was therefore void. This is the only point in the case.
It appears that the order was in fact made by Judge Lawrence out of court, in his private chambers. His name appears in the caption, and in the body of the order it purports to be made by a judge. It recites, “ the plaintiffs having presented to me,” etc., and “ having proved to my satisfaction,” etc., ordered, etc. It is signed by the judge with his initials, and his official title is abbreviated. The appellant…
2Cited by11 opinions
- Sweeney v. . O'DwyerNew York Court of Appeals · 1910
- Lowerre v. OwensAppellate Division of the Supreme Court of the State of New York · 1897
- In re MunsonAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Supplementary Proceedings of a Tax of Wright, Peters & Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Aiken v. AikenNew York Supreme Court · 1916
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