Gittings v. Russel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Evans Gittings, from an order of the Supreme Oonrt, made at the Sew York Special Term and entered in the office of the cleric of the county of New York on the 26th day of March, 1906, affirming a former order which vacated and canceled a judgment theretofore entered in the action in favor of the plaintiff.
1Opinion of the Court
Patterson, J.:
■ The defendant was served with the summons herein by publication, and a warrant of attachment was procured against his property. He was a non-resident, and not appearing in the action judgment was entered against him by default. By section 1217 of the Code of Civil Procedure it is provided that a judgment shall not be rendered in such case unless a levy has been made under an attachment. On the application for judgment it appeared that on the 15th of March, 1905, the sheriff proceeded to levy, under a warrant of attachment issued in this action, upon moneys on deposit in the…
2Cases cited2 opinions
- Robins v. . McClureNew York Court of Appeals · 1885
- O'Brien v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
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