Chesley v. Morton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George W. Chesley, as administrator, etc., of William P. Chesley, deceased, 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 18th day of May, 1896, vacating an order made by a justice of the Supreme Court on the 19th day of March, 1896, directing the service of the summons by publication.
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Appeal by the plaintiff, George W. Chesley, as administrator, etc., of William P. Chesley, deceased, 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 18th day of May, 1896, vacating an order made by a justice of the Supreme Court on the 19th day of March, 1896, directing the service of the summons by publication. The complaint alleges the existence of a co-partnership between the defendant, a resident of Massachusetts, and the plaintiff’s intestate, William P. Chesley, which was dissolved by mutual…
1Opinion of the Court
Barrett, J.:
Section 438 of the Code of Civil Procedure authorizes the granting of an order of publication, among other cases-: “ 1. Where the defendant to be served, * * * being a natural person, is not a resident of the State. * * * 5. Where the complaint demands *463judgment that the defendant be excluded from a vested or contingent interest in, or lien upon, specific real or personal property within the State ; or that such an interest or lien in favor of either party be enforced, regulated, defined or limited, or otherwise affecting the title to such property.” Section 439 limits section 438…
2Cases cited2 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
3Cited by17 opinions
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Jackson v. JacksonNew York Court of Appeals · 1943
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1916
- Smith v. SmithSupreme Court of Minnesota · 1913
- German-American Coffee Co. v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1915
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