Forster v. Moore
New York Supreme Court
Appeal from special term, New York county. Action by Frederick P. Forster against Charles E. Moore, Elizabeth Moore, and others to foreclose a mortgage. From an order denying the motion of defendants Moore, directing service of summons on them by publication, and from an order denying a motion to vacate an order appointing a temporary receiver of the property of defendant Elizabeth Moore, defendants Moore appeal.
1Per curiam
If the order directing the services of the summons by publication was improperly granted, then the second order appealed from, appointing a temporary receiver, must necessarily fall, because based upon the validity of the prior order. The single question presented is as to whether the affidavits contain such evidence establishing the facts upon which to form an order of publication. The affidavits were directed towards showing that the defendants were keeping themselves concealed with intent to avoid service upon them of a summons. These affidavits state that on the 25th of February, 1893,…
2Cited by1 opinion
- Forster v. MooreNew York Supreme Court · 1893