Arkenburgh v. Arkenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert H. Arkenbürgh, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of tlie county of New York on the 19th day of April, 1906, denying the defendant’s motion to vacate upon the papers upon which it was granted an order made herein pursuant to the provisions of section 708 of the Code of Civil Procedure directing the sheriff of the county of New York “ to sell under the execution that has…
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Appeal by the defendant, Robert H. Arkenbürgh, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of tlie county of New York on the 19th day of April, 1906, denying the defendant’s motion to vacate upon the papers upon which it was granted an order made herein pursuant to the provisions of section 708 of the Code of Civil Procedure directing the sheriff of the county of New York “ to sell under the execution that has issued herein and at public auction the remaining portion of the personal property attached herein. * * * TJpon the sale…
1Opinion of the Court
Laughlin, J.:
This litigation has occupied the attention of the court to a considerable extent for a long period. Every opportunity of making an application to tlie court and of appealing herein appears to have been embraced. . The defendant moved to vacate the order of publication and unsuccessfully contested the service through the Court of Appeals. (Arkenburgh v. Arkenburgh, 90 Hun, 608 ; affd., 148 N. Y. 756.) He then moved to vacate the judgment and set aside the execution, and appealed without avail from a denial_ of that motion. (Arkenburgh v. Arkenburgh, 14 App. Div. 367.) He also…
2Cases cited8 opinions
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- In re ArkenburghAppellate Division of the Supreme Court of the State of New York · 1899
- Jones v. ArkenburghAppellate Division of the Supreme Court of the State of New York · 1906
- Barton v. Albert Palmer Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Dunn v. ArkenburghAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by5 opinions
- Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
- Castriotis v. . Guaranty Trust Co.New York Court of Appeals · 1920
- Sturcke v. LinkNew York Supreme Court · 1941
- Milliken v. Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1908
- Castriotis v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920