Legal Opinion

Dwelle v. Allen

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1912PublishedCited by 11 opinions

Appeal by the plaintiff, Helen F. Dwelle, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of March, 1912, granting the defendants’ motion to vacate and set aside the service of a summons.

1Opinion of the Court

Dowling, J.:

The defendant Allen, who was a non-resident of the State of New York, voluntarily came to the city of New York on. October 2, 1911, in order to plead to an indictment against him in the United States. Circuit Court for the Southern District of New York, charging him with the crime of smuggling. He entered a plea of guilty, and on the afternoon of that day was sentenced to pay a fine of $12,000. Between the time of the entry of the plea and the imposition of the fine he was served with a subpoena, subscribed by the United States district attorney, requiring him to attend before the…

2Cases cited1 opinion

  1. Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910

3Cited by11 opinions

  1. New England Industries, Inc. v. MargiottiAppellate Division of the Supreme Court of the State of New York · 1946
  2. Bunce v. . HumphreyNew York Court of Appeals · 1915
  3. Matthews v. MatthewsNew York Supreme Court · 1961
  4. Rosenblatt v. RosenblattNew York Supreme Court · 1920
  5. Kreiger v. KreigerNew York Supreme Court · 1947

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