Gallagher v. Appley
New York Supreme Court
Motion by the defendants Charles H. Appley, Frederick E. Appley, Lillian May Appley Oliver, Herbert L. Appley and Elva E. Appley Heckler, appearing specially, to vacate a warrant of attachment.
1Opinion of the CourtGiegerich, J.
Certain ones of the defendants, appearing specially for the purpose, have moved to vacate the warrant of attachment granted herein on March 28, 1910, and the levies made or attempted thereunder, such motion being based upon the ground that the order for the service of the summons by publication was made without jurisdiction.
The motion is based chiefly upon the proposition that the court has no jurisdiction whatever of the action, because there was no service of the summons upon any of the defendants, nor was service thereof by publication commenced within thirty days after the granting and…
2Cases cited3 opinions
- Sabin v. KendrickAppellate Division of the Supreme Court of the State of New York · 1896
- Parke v. GayNew York Supreme Court · 1899
- Guffey v. Grand Trunk Railway Co.New York Supreme Court · 1910