Becker v. Hager
New York Supreme Court
The action was commenced, in May 1852, by the service of a summons, without complaint. The defendant duly appeared and demanded a copy of the complaint. On the first of November a copy of the complaint, and also of an injunction, which had been granted on the same day by a justice of this court, without notice to the defendant’s attorney, were served.
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The action was commenced, in May 1852, by the service of a summons, without complaint. The defendant duly appeared and demanded a copy of the complaint. On the first of November a copy of the complaint, and also of an injunction, which had been granted on the same day by a justice of this court, without notice to the defendant’s attorney, were served. The complaint alleges, in substance, that the defendant, in 1842, had married the daughter of Roswell Hotchkiss, now deceased; that they separated in November 1849, and, in August 1850, the wife died; that the defendant, in August 1843, had made…
1Opinion of the Court
Harris, Justice.
The 414th section of the Code declares that where notice of appearance has been given notice of all the ordinary proceedings in the action shall be served on the party or his attorney. But this provision does not embrace provisional remedies. These are not ee ordinary proceedings,” within the sense of the term as used in this section. Though a defendant has appeared, he is not entitled to notice of an application for an order to arrest him. Neither is he entitled to notice of an application for an injunction before he has answered. This injunction, therefore, was regularly…
2Cited by1 opinion
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