Abrahams v. Mitchell
New York Supreme Court
Motion to vacate judgment and sale in foreclosure. This was an action commenced for the foreclosure of a mortgage on property situated in the city and county of Mew York. The defendants, Louis Mitchell and Joanna Caroline Mitchell, are non-residents of the State of Mew York, and residents of the State of Mew Jersey.
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Motion to vacate judgment and sale in foreclosure. This was an action commenced for the foreclosure of a mortgage on property situated in the city and county of Mew York. The defendants, Louis Mitchell and Joanna Caroline Mitchell, are non-residents of the State of Mew York, and residents of the State of Mew Jersey. On the 26th of June, 1858, an order under section 135 of the Code was obtained from one of the justices of the Supreme Court, authorizing the service of the summons and complaint on defendants Mitchells by publication, and deposit in the- post-office: the summons and complaint…
1Opinion of the CourtIngraham, J.
The defendant Mitchell was a non-resident, and proceedings were commenced against her as such to foreclose a mortgage. After the order of publication was obtained, the summons and complaint were alleged to have been served personally on the 1st of July, 1858, in Mew Jersey:
The publication and deposit of a letter in the post-office was ‘omitted,, and judgment was entered in October, 1858 : the order of reference was made on 30th September, 1858:
The question is submitted on this motion, whether the publication of the commencement of the action and the deposit of notice in the post-office is…
2Cited by3 opinions
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- McLean v. MoranMontana Supreme Court · 1909
- Buford v. New York Iron MineThe Superior Court of the City of New York and Buffalo · 1888