Fiske v. Anderson
New York Supreme Court
Appeal from a judgment. This complaint stated, that in March, 1860, James McBride and others recovered judgment in this court against the defendants for the sum of $947.89, which judgment was duly assigned to the plaintiff and remained unpaid; and demanded judgment for the sum, with interest and costs.
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Appeal from a judgment. This complaint stated, that in March, 1860, James McBride and others recovered judgment in this court against the defendants for the sum of $947.89, which judgment was duly assigned to the plaintiff and remained unpaid; and demanded judgment for the sum, with interest and costs. The defendant answered that the action in which the supposed judgment against him was alleged to have been recovered, arose upon contract; that when that action was commenced, defendant was a non-resident of Mew York and a resident of Illinois; that he never appeared in that action, and never…
1Opinion of the Court
By the Court.—Bonnet, J.
—The important question to be decided in this case is, whether or not a judgment recovered against a non-resident defendant on service of summons by publication, pursuant to the Code, is conclusive and effectual for all purposes and to the same extent, as if personal service of the summons had been made on the defendant within this State.
The Code provides (§ 1|4) for the service of a summons on the defendants within this State; and (by section 135) that when the defendant cannot, after due diligence, be found within the State, and that fact appears by affidavit to the…
2Cases cited2 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Fenton v. GarlickNew York Supreme Court · 1811
3Cited by8 opinions
- Jarvis v. BarrettWisconsin Supreme Court · 1861
- McKinney v. . CollinsNew York Court of Appeals · 1882
- Peck v. CookNew York Supreme Court · 1863
- Territory v. TaylorSupreme Court Of The Territory Of Dakota · 1877
- Bolton v. JacksThe Superior Court of New York City · 1868
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