Legal Opinion

Hartwig v. Everett

Appellate Terms of the Supreme Court of New York

Decided May 15, 1897Published

Appeal from affirmance by the General Term of the City Court of Hew York of an order denying the defendants’ motion that service of the summons be set aside.

1Opinion of the CourtBischoff, J.

The papers upon this appeal disclose facts upon which the determination of the court below may well have proceeded, in the exercise of discretion, favorably to the respondents, and we may npt, therefore, disturb the result.

It was claimed for the defendants that they were caused to come within the jurisdiction through deceit upon the part of the plaintiffs, or of their attorney, in proposing a meeting for the purposes of an intended settlement, which meeting had an outcome only in the service of process, but, while the court below might well have caused the service to be set aside, if…

2Cases cited1 opinion

  1. Graves v. GrahamAppellate Terms of the Supreme Court of New York · 1897

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