Appleton v. Rose
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, entered after a default on an inquest. Defendants gave notice of an intention to review an order overruling a traverse of the return and denying the motion to vacate the attachment, the levies under it, and the alleged service of the summons and complaint.
1Opinion of the CourtPendleton, J.
The action is by' an employee for breach of an agreement of employment. Defendants being non-residents, an attachment was issued and jurisdiction was sought to be secured by levies thereunder. Defendants appeared specially and moved to set aside and vacate the attachment, the attempted levies thereunder, and the alleged service of the summons and complaint. The court set the motions for trial upon a traverse of the return, and, after hearing, denied the motions, set the case for trial and, defendants not appearing, an inquest was taken and judgment rendered. A notice of appeal was served,…
2Cases cited4 opinions
- Mears v. North American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Schloss v. WilsonAppellate Terms of the Supreme Court of New York · 1911
- Hotel Touraine, Inc. v. WaiteAppellate Terms of the Supreme Court of New York · 1908
- Umla v. BennettAppellate Division of the Supreme Court of the State of New York · 1898