Anderson v. Abeel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James N. Abeel, 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 23d day of May, 1904, denying the defendant’s motion to vacate a judgment theretofore entered in favor of the plaintiff, because of non-service of the summons.
1Opinion of the Court
Hatch, J.:
It appears by the moving papers that the plaintiff has obtained a judgment against the defendant by'default for $75,052.40 based-upon a complaint for breach of a contract to marry. In support of the motion to vacate and set aside the service of the summons it is made to appear that a few days prior to the 5th day of February, 1904, the defendant was taken under extradition proceedings from the Dominion of Canada to the city of Buffalo. Arriving at this place he was delivered to Michael W. Collins, a detective sergeant of the police force of the city of New York, who held a bench…
2Cases cited2 opinions
- Hiller v. . B. and M.R.R.R. Co.New York Court of Appeals · 1877
- Davison v. BakerNew York Supreme Court · 1862
3Cited by5 opinions
- In re the Probate of Last Will of BonesteelAppellate Division of the Supreme Court of the State of New York · 1962
- Roth v. W. T. Cowan, Inc.District Court, E.D. New York · 1951
- Bertha G. v. Paul T.New York City Family Court · 1986
- Hickey v. MerritCourt of Appeals of Georgia · 1973
- Hickey v. MerritCourt of Appeals of Georgia · 1973