Rose v. Heller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Paul E. Heller, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of October, 1919, denying defendant’s motion to vacate an order entered in said clerk’s office on the 12th day of September, 1919, permitting the plaintiff to serve a summons herein upon the defendant by publication, or, in the alternative, upon the defendant personally without the…
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Appeal by the defendant, Paul E. Heller, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of October, 1919, denying defendant’s motion to vacate an order entered in said clerk’s office on the 12th day of September, 1919, permitting the plaintiff to serve a summons herein upon the defendant by publication, or, in the alternative, upon the defendant personally without the State.
1Opinion of the Court
Merrell, J.:
This appeal is by the defendant from an order denying defendant’s motion to vacate an order permitting the plaintiff to serve the summons herein upon the defendant by publication or personally without the State.
The order of publication was granted upon the summons and complaint and the affidavit of the plaintiff. The action,, as stated in the complaint, was to recover damages for false arrest and malicious prosecution arising out of a charge of extortion made by the defendant against the plaintiff resulting in the apprehension and indictment of plaintiff in the Court of General…
2Cases cited6 opinions
- Kennedy v. . LambNew York Court of Appeals · 1905
- Hodgens v. Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1918
- McLaughlin v. McCannAppellate Division of the Supreme Court of the State of New York · 1907
- Bedford v. Hol-Tan Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Sunswick Land Co. v. MurdockAppellate Division of the Supreme Court of the State of New York · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rome Trust Co. v. CummingsNew York Supreme Court · 1924
- Friedman v. PrescettiAppellate Division of the Supreme Court of the State of New York · 1922