Denman v. . McGuire
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 3, 1883, which affirmed a judgment in favor of plaintiffs, entered on a decision of the court, on trial at circuit, certain questions of fact therein Paving been submitted and tried by a jury. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 3, 1883, which affirmed a judgment in favor of plaintiffs, entered on a decision of the court, on trial at circuit, certain questions of fact therein Paving been submitted and tried by a jury. The nature of the action and the material facts are stated in the opinion. The judgment in the action against McCann, he never having been personally served and having never appeared, was m rem. / all the steps to vest the court with jurisdiction of the subject-matter of the…
1Opinion of the Court
Earl, <T.
This action was brought by the plaintiffs, judgment creditors of defendant McCann, to set aside a conveyance of land situated in Sullivan county, made on the 15th day of October, 1874, by McCann, to his son-in-law, the defendant McGuire, and to have their judgment declared a lien on such land.
The plaintiffs attached the land and obtained a judgment against McCann as a non-resident, by the service of summons by publication, and this action is based upon the judgment thus obtained. The affidavit for the attachment was made April 21, 1877, and the undertaking for the same was executed…
2Cited by6 opinions
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- Urquhart v. UrquhartNew York Supreme Court · 1945
- Clearview Gardens First Corp. v. FoleyAppellate Division of the Supreme Court of the State of New York · 1960
- Miller v. FerryNew York Supreme Court · 1889
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