Webb v. . Bailey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the eighth judicial district, reversing a judgment in favor of plaintiff, entered upon the decision of the court upon trial at circuit, without a jury, and granting a new trial. This action was brought to recover for the alleged wrongful taking and conversion of certain logs and lumber. The defendant justified the taking under an attachment granted by the county judge of Chautauqua county.
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Appeal from order of the General Term of the Supreme Court in the eighth judicial district, reversing a judgment in favor of plaintiff, entered upon the decision of the court upon trial at circuit, without a jury, and granting a new trial. This action was brought to recover for the alleged wrongful taking and conversion of certain logs and lumber. The defendant justified the taking under an attachment granted by the county judge of Chautauqua county. The evidence shows, and the court before whom the action was tried, found: That James K. Webb, the plaintiff herein, was on and previous to the…
1Opinion of the Court
Reynolds, C.
The judgment of the Court of Appeals, in Kerr v. Mount (28 N. Y. R., 659) is not decisive of this case. The Superior Court of the City of Hew York, it seems to be conceded, could obtain no jurisdiction in an action on contract for the recovery of money, against a non-resident of the. State,until the summons had been personally served on the defendant. Besides, in that case, the attachment had been set aside for irregularity by the court whose process it purported to be, and it is very clear that the party at whose instance it was issued could not justify any proceedings under it.…
2Cited by4 opinions
- Schuster v. RaderSupreme Court of Colorado · 1889
- Bryan v. CongdonCourt of Appeals for the Eighth Circuit · 1898
- Import Chemical Co. v. Forster & Gregory, Ltd.Appellate Division of the Supreme Court of the State of New York · 1916
- Whitehead v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882