Taylor v. Emmet
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Josephine W. Taylor, and the defendants, Alice W. Emmet and another, 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 25th day of January, 1910. The opinion delivered at Special Term is reported in Taylor v. Emmet (66 Misc. Rep. 74).
1Opinion of the Court
Dowling, J.:
Plaintiff and two of the defendants appeal from an order striking this cause from the calendar on the ground that certain non-resident infant defendants had not been properly served. The action is for the partition of real property, and no service of the summons has been' had upon these defendants, either personally or by publication; but pursuant to the provisions of section 478 of the Code of Civil Procedure, an order was duly made (upon proof of the jurisdictional facts therein required, and after the filing of the summons, complaint and notice of pendency of action, and the…
2Cases cited5 opinions
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- Gotendorf v. . GoldschmidtNew York Court of Appeals · 1880
- Platt v. FinckAppellate Division of the Supreme Court of the State of New York · 1901
- Schell v. CohenNew York Supreme Court · 1889
- Sloane v. . MartinNew York Court of Appeals · 1895
3Cited by5 opinions
- Ford v. ClendeninAppellate Division of the Supreme Court of the State of New York · 1913
- Ford v. ClendeninNew York Supreme Court · 1911
- Armour v. ArmourNew York Supreme Court · 1953
- Miller v. MeyersAppellate Division of the Supreme Court of the State of New York · 1912
- Taylor v. EmmetAppellate Division of the Supreme Court of the State of New York · 1910