Benedict v. Arnoux
New York Supreme Court
Action by Elias C. Benedict and others, as executors of Edwin Booth, deceased, against George T. Arnoux, and Joseph Campbell, Emma Campbell, and Martha Campbell, as executors of .William Campbell, deceased, and Hannah Campbell and others, to foreclose a mortgage. Before the time to answer had expired an extension of time was obtained from plaintiffs’ attorney by Niles & Johnson, as attorneys for defendant Hannah Campbell.
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Action by Elias C. Benedict and others, as executors of Edwin Booth, deceased, against George T. Arnoux, and Joseph Campbell, Emma Campbell, and Martha Campbell, as executors of .William Campbell, deceased, and Hannah Campbell and others, to foreclose a mortgage. Before the time to answer had expired an extension of time was obtained from plaintiffs’ attorney by Niles & Johnson, as attorneys for defendant Hannah Campbell. Afterwards they obtained a further extension of time, on application to one of the justices of the supreme court. Afterwards, within the period of the extension granted, an…
1Opinion of the CourtAndrews, J.
Since the adoption of the Code of Civil Pro-
cedure, it has been held in a number of cases that a general appearance of a defendant in an action cannot be made in any manner other than that prescribed by section 421 of that Code.1 Couch v. Mulhane, 63 How. Prac. 79, Arnoux, J.; Douglas v. Haberstro, 8 Abb. N. C. 230; Valentine v. Myers’ Sanitary Depot, 36 Hun, 201. Most of the cases referred to by plaintiffs’ counsel, in which it was held that obtaining an extension of time to answer, or serving a *883notice of motion, was an appearance, or equivalent to it, were decided under the old Code of…
2Cases cited2 opinions
- Couch v. MulhaneThe Superior Court of New York City · 1882
- Douglas v. HaberstroNew York Supreme Court · 1879
3Cited by4 opinions
- Davenport v. Superior Court of Imperial CountyCalifornia Supreme Court · 1920
- State ex rel. Mackey v. District CourtMontana Supreme Court · 1910
- Paine Lumber Co. v. GalbraithAppellate Division of the Supreme Court of the State of New York · 1899
- Paine Lumber Co. v. GalbraithAppellate Division of the Supreme Court of the State of New York · 1899