Yerkes v. . McFadden
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made December 9, 1892, which reversed an order of Special Term denying a motion by defendants to vacate an attachment. This action was brought against defendants, who were nonresidents, as co-partners, to recover rent due, etc., under a lease.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made December 9, 1892, which reversed an order of Special Term denying a motion by defendants to vacate an attachment. This action was brought against defendants, who were nonresidents, as co-partners, to recover rent due, etc., under a lease. On August 1,1892, an order was obtained for service bf the summons by publication, and on August 15, 1892, a warrant of attachment was procured and a levy made thereunder upon partnei'ship property. The publication of the summons was commenced during the first…
1Opinion of the Court
Andrews, Ch. J.
We think the General Term erred in vacating the attachment as to the two appellants in that court, although publication was not commenced against them within the prescribed period. The action was upon a joint liability of the three defendants. Personal service was made on the third defendant Aug. 26, 1892, thirteen days after the warrant of attachment was granted, and the attachment was levied on the joint property of the firm. In an action against joint debtors service of summons on one authorizes judgment against all, which may be enforced by execution against the joint…
2Cases cited3 opinions
- Smith v. . OrserNew York Court of Appeals · 1870
- Staats v. . BristowNew York Court of Appeals · 1878
- Sternberger v. . BernheimerNew York Court of Appeals · 1890
3Cited by7 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Symms Grocer Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1898
- Maneely v. MayersAppellate Terms of the Supreme Court of New York · 1904
- Bakalas v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1922
- Schwarzschild & Sulzberger Co. v. MathewsAppellate Division of the Supreme Court of the State of New York · 1899
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