Lawrence v. Jones
New York Supreme Court
Appeal from order denying motion to vacate attachment. This action was brought by Daniel H. Lawrence, James M. Griggs, and John A. Kingsbury, against H. Ross Jones, to recover $209.,22. On the 14th day of June, 1862, plaintiffs sent the summons and complaint to the sheriff of Steuben county for service, but the sheriff was not able to serve them.
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Appeal from order denying motion to vacate attachment. This action was brought by Daniel H. Lawrence, James M. Griggs, and John A. Kingsbury, against H. Ross Jones, to recover $209.,22. On the 14th day of June, 1862, plaintiffs sent the summons and complaint to the sheriff of Steuben county for service, but the sheriff was not able to serve them. On the 2d day of July, 1862,' plaintiffs obtained a warrant of attachment against defendant, as a non-resident, and also, an order for the service of the summons by publication. The sheriff, under the attachment, levied on defendant’s property, July…
1Opinion of the Court
By the Court.*—Peckham, J.
The defendant in this case has been guilty of laches in making his motion, and the delay is in no manner explained.
The attachment was issued July 2. The execution issued on the 5th of September. This motion was not noticed until the 25th of September, for the first Monday of October. The defendant seems -to have employed the intermediate time in confessing judgments; and when he had sufficiently and satisfactorily disposed of his property, he makes this motion.
*113The motion is founded upon an alleged irregularity, viz.: that the plaintiff obtained an attachment on the…
2Cases cited1 opinion
- McKay v. HarrowerNew York Supreme Court · 1858
3Cited by2 opinions
- Hilton Bridge Const. Co. v. Gouverneur & O. RailroadNew York Supreme Court · 1895
- Swezey v. BartlettNew York Supreme Court · 1868