McCracken v. Flanagan
New York Supreme Court
Appeal from circuit court, Westchester county. The facts are stated in the opinion. Section 135 of the old Code of Procedure, relating to service of summons by publication, is as follows: “Where• the person on whom the service of the summons is to be made cannot, after due diligence, be found within the state, and that fact appears to the satisfaction of the court or a judge thereof, * * * such court or judge may grant an order that the service be made by the publication of…
Read the full summary
Appeal from circuit court, Westchester county. The facts are stated in the opinion. Section 135 of the old Code of Procedure, relating to service of summons by publication, is as follows: “Where• the person on whom the service of the summons is to be made cannot, after due diligence, be found within the state, and that fact appears to the satisfaction of the court or a judge thereof, * * * such court or judge may grant an order that the service be made by the publication of a summons in either of the following cases: (1) Where defendant is a foreign corporation, etc.; (2) Where defendant,…
1Opinion of the CourtDtkman, J.
This is an appeal from a judgment in favor of the defendant in an action for the recovery of real property. The facts which raise the question of law involved, and upon which the decision of the trial court was made, are these: Henry ICahle was the owner of the premises in 1867, and in May, 1869, he conveyed the same to Patrick McCracken, who died leaving a last will and testament by which he devised his interest in the premises to the plaintiff. In January, 1867, an action was commenced in the supreme court against Kahle by Lawrence Cartan, for the recovery of money in which there was an…
2Cases cited2 opinions
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
- Jerome v. FlaggNew York Supreme Court · 1888