Breen v. Henry
New York Supreme Court
This action is brought by plaintiff as receiver appointed in supplementary proceedings upon a judgment recovered by default on or about January 24, 1900, by one Anna George in the County Court of Lewis county against the defendant Nicholas Henry for the sum of $379.27, to set aside various conveyances made by said defendant of real and personal property to defendant Nicholas J. Henry, his son, and by the latter of some of said property to his wife, the defendant.
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This action is brought by plaintiff as receiver appointed in supplementary proceedings upon a judgment recovered by default on or about January 24, 1900, by one Anna George in the County Court of Lewis county against the defendant Nicholas Henry for the sum of $379.27, to set aside various conveyances made by said defendant of real and personal property to defendant Nicholas J. Henry, his son, and by the latter of some of said property to his wife, the defendant. Louise Henry. The facts appear in detail in the opinion.
1Opinion of the CourtHiscock, J.
A question arises at the threshold of the case which may as well be first disposed of, whether the purported judgment recovered by Anna George against the defendant Nicholas Henry and upon which plaintiff was appointed receiver and upon which, therefore, this entire action rests, was valid or void for lack of jurisdiction by the court which rendered it. As above stated, this judgment was rendered by default in the County Court of Lewis county. Nicholas Henry, defendant there and here, was personally served with the summons and copy complaint, but did not appear in any manner. The complaint…
2Cases cited3 opinions
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Beaudrias v. HoganAppellate Division of the Supreme Court of the State of New York · 1897
- Candee v. LordNew York Court of Appeals · 1849
3Cited by1 opinion
- Durack v. WilsonNew York Supreme Court · 1905