Foster v. Electric Heat Regulator Co.
New York Supreme Court
Motion by .defendant to vacate an order for service by publication.
1Opinion of the CourtLawrence, J.
In this case .the defendant,, for the purposes of motion only, appears and moves to vacate an order for the service of the summons by publication, dated and filed on the 26th day of September, 1895, together with any service of such summons made thereunder. The motion is made upon the papers on file, on the ground of want' of jurisdiction in the justice making said order: First. Because the justice making such order was then and there without power to make the same for want of a verified complaint showing a sufficient cause of action against the defendant directed to be served. Second.…
2Cases cited3 opinions
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
- Paget v. . StevensNew York Court of Appeals · 1894
3Cited by4 opinions
- Lutkens v. YoungWashington Supreme Court · 1911
- Urquhart v. UrquhartNew York Supreme Court · 1945
- Auerbach v. Internationale Wolfram Lampen Aktien GesellschaftU.S. Circuit Court for the District of Southern New York · 1909
- O'Reilly v. New Brunswick, Amboy & New York Steamboat Co.Appellate Terms of the Supreme Court of New York · 1899