Dixon v. Carrucci
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Mew York, tenth district, borough of Manhattan.
1Opinion of the CourtDowling, J.
A summons and a warrant of attachment were issued in this action in September, 1904. Accompanying the summons was a verified complaint. Mo personal service of any of the papers was ever made upon the defendant and, therefore, the court never obtained jurisdiction over his person. Section 83 of the Municipal Court Act (L. 1902, chap. 580) provides for substituted service of the summons, warrant of attachment and inventory of the property attached, if personal service cannot be made. This is for the purpose of conferring jurisdiction upon the court over the property attached. Where such…
2Cases cited4 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Tiffany v. . LordNew York Court of Appeals · 1875
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- Kerr v. WalterAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- Davidoff v. ChipornoiAppellate Terms of the Supreme Court of New York · 1917
- Dixon v. CarrucciNew York Supreme Court · 1907
- Frankel v. Dover Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1907
- Hotel Touraine, Inc. v. WaiteAppellate Terms of the Supreme Court of New York · 1908
- Canelli Wine Co. v. TassiNew York Supreme Court · 1915
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