Van Arsdale v. . King
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1897, affirming an order of Special Term. The nature of the order and the facts, so far as material, are stated in the opinion. It is a jurisdictional requirement to the maintenance of an action upon a judgment that an order granting leave to bring the same shall first be obtained. (Code Civ.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1897, affirming an order of Special Term. The nature of the order and the facts, so far as material, are stated in the opinion. It is a jurisdictional requirement to the maintenance of an action upon a judgment that an order granting leave to bring the same shall first be obtained. (Code Civ. Pro. § 1913 ; Farish v. Austin, 25 Hun, 430 ; G. S. Bank v. Carrington, 89 N. Y. 632; Cook v. Thurston, 18 Misc. Rep. 506 ; Pennoyer v. Neff, 95 U. S. 714; Graham v. Spencer, 14 Fed.…
1Opinion of the CourtO’Brien, J.
The original order in this case, which the Ajipellate Division has affirmed, denied a motion made by the defendant to set aside another order which granted leave to the plaintiff to bring this action to recover upon an old judgment. It apjiears that on the 27th day of November, 1880, the plaintiff recovered a judgment against the defendant in the County Court for $453.38. On the 6th of December, 1890, the court, at Special Term, made an order granting leave to the jilaintiff to bring an action on the judgment in the Supreme Court. The jiajiers and order to show cause upon which the order was…
2Cases cited1 opinion
- Merriam v. Wood & Parker Lithographing Co.New York Court of Appeals · 1898
3Cited by39 opinions
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Whalen v. . StuartNew York Court of Appeals · 1909
- Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
- Matter of Attorney-GeneralNew York Court of Appeals · 1898
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