Bryan v. . University Pub. Co. of N.Y.
New York Court of Appeals
Appeal by defendant Martha W. Wilkinson from an order of the General Term of the Supreme Court in the second judicial department, made the second Monday of February, 1888, which affirmed an order of Special Term denying a motion on the part of said defendant to vacate an order for the service of the summons herein upon her by publication. The complaint alleged, in substance, the recovery of a judgment by plaintiff against defendant Charlotte FI.
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Appeal by defendant Martha W. Wilkinson from an order of the General Term of the Supreme Court in the second judicial department, made the second Monday of February, 1888, which affirmed an order of Special Term denying a motion on the part of said defendant to vacate an order for the service of the summons herein upon her by publication. The complaint alleged, in substance, the recovery of a judgment by plaintiff against defendant Charlotte FI. Bichardson, then a resident of this state, and engaged in business as a publisher in the city of ¡New York, and the return of an execution…
1Opinion of the CourtDanforth, J.
The action is by a judgment-creditor of Mrs. Richardson, against her as debtor, and other defendants, one of whom is Mrs. Wilkinson, and the order of publication recites that the action relates to personal property within the state and in which the then defendants “ have or claim the entire property or income, and that the relief demanded by the plaintiff consists partly in excluding the defendants from any hen upon or interest in it until the plaintiff’s judgment is satisfied.” This statement may bring the case, in terms, but not in spirit, within subdivision 5 of section 438 (Code Civ.…
2Cited by32 opinions
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- Chesley v. MortonAppellate Division of the Supreme Court of the State of New York · 1896
- Ebsary Gypsum Co. v. RubyNew York Court of Appeals · 1931
- Holmes v. BellAppellate Division of the Supreme Court of the State of New York · 1910
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