Matter of Maltbie v. . Lobsitz Mills Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1917, which affirmed an order of Special Term denying a motion to vacate an order, granted under section 299 of the Tax Law, to examine the Lobsitz Mills Company in supplementary proceedings. The Lobsitz Mills Company is a corporation organized under the laws of the state of New Jersey.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1917, which affirmed an order of Special Term denying a motion to vacate an order, granted under section 299 of the Tax Law, to examine the Lobsitz Mills Company in supplementary proceedings. The Lobsitz Mills Company is a corporation organized under the laws of the state of New Jersey. It has filed a certificate and obtained authority to do.business in this state. It is alleged that it is doing business in this state, and that it has an office for the…
1Opinion of the CourtChase, J.
To entitle a judgment creditor to maintain a proceeding supplementary to execution under the Code of Civil Procedure, the judgment upon which execution has been issued must have been • rendered “ Upon the judgment debtor’s appearance or personal service of the summons upon him, for a sum not less than twenty-five dollars or substituted service of the summons upon him in accordance with section 436 of the Code of Civil Procedure.” (Code Civ. Pro. § 2458.)
The substituted service therein referred to is only permitted in certain cases upon “ A domestic corporation, other than a municipal…
2Cases cited8 opinions
- Dewey v. Des MoinesSupreme Court of the United States · 1899
- City of New York v. . McLeanNew York Court of Appeals · 1902
- Importers & Traders' National Bank v. QuackenbushNew York Court of Appeals · 1894
- Hilton v. . FondaNew York Court of Appeals · 1881
- Rocky Mountain National Bank v. . BlissNew York Court of Appeals · 1882
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3Cited by13 opinions
- State of Colorado v. . HarbeckNew York Court of Appeals · 1921
- Moore v. MitchellCourt of Appeals for the Second Circuit · 1929
- In re Enforcement of Tax Liens by County of OrangeAppellate Division of the Supreme Court of the State of New York · 2010
- People Ex Rel. Stafford v. . TravisNew York Court of Appeals · 1921
- State of Minnesota v. KarpOhio Court of Appeals · 1948
8 more not listed; retrieve them via the Exa API.