McKinney v. . Collins
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 20, 1881, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 20, 1881, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. The action was commenced on the 24th of August, 1878, by John McKinney as plaintiff, and he dying, was continued by the appellants as his heirs against Dennis Collins, defendant, to recover possession of certain premises situate in the city of Elmira in this State. The plaintiff alleged that he was the owner and possessed thereof on the 1st of…
1Opinion of the CourtDanforth, J.
Notwithstanding the ingeniousiand able argument of- the learned counsel for the respondent, we see no reason to change the opinion expressed on the argument that this appeal should prevail. The objection to the recovery was a very plain one,(that the judgment on which the action proceeded-had been obtained without attachment, or notice, or ser- ' vice of process upon the then defendant. It thus appeared to be contrary to the first principles of justice; for its object was to establish a claim against the defendant and thereby deprive him of his property without a hearing or an opportunity to…
2Cases cited6 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Bradshaw v. HeathNew York Supreme Court · 1835
- Fiske v. AndersonNew York Supreme Court · 1860
- Hulbert v. Hope Mutual InsuranceNew York Supreme Court · 1850
- Force v. GowerNew York Court of Common Pleas · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Pope v. HeckscherNew York Court of Appeals · 1934
- Utah Liquor Control Commission v. WoorasUtah Supreme Court · 1939
- Lutcher v. AllenCourt of Appeals of Texas · 1906
- Smith v. SmithSupreme Court of Vermont · 1901
- National Bank of Montana v. BinghamMontana Supreme Court · 1928
11 more not listed; retrieve them via the Exa API.