McKennell v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna Ahearn McDermott, individually and as administratrix, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 9th day of March, 1921, denying defendant’s motion to vacate and set aside a prior ex parte order, directing the service of the summons herein upon her by publication, she being a resident of the State of New Jersey, and to declare such attempted…
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Appeal by the defendant, Anna Ahearn McDermott, individually and as administratrix, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 9th day of March, 1921, denying defendant’s motion to vacate and set aside a prior ex parte order, directing the service of the summons herein upon her by publication, she being a resident of the State of New Jersey, and to declare such attempted service to be null and void.
1Opinion of the Court
Mills, J.:
This action was brought by the plaintiff,- a New York lawyer, to foreclose his alleged hen upon the settlement by the defendant, the United States Director General, operating the Lehigh Valley railroad, of the cause of action of the said appellant as administratrix, etc., to recover damages for the death of her husband, killed in Jersey City while in the service of defendant’s predecessor in the operation of said railroad, his death being alleged to have been caused by the negligence of defendant’s said predecessor in that operation. The complaint in this action, in addition to the…
2Cases cited4 opinions
- Hanna v. . StedmanNew York Court of Appeals · 1921
- Sargent v. . McLeodNew York Court of Appeals · 1913
- Oishei v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Oishei v. . Pennsylvania Railroad CompanyNew York Court of Appeals · 1908
3Cited by9 opinions
- Brooks v. Mandel-Witte Co.Court of Appeals for the Second Circuit · 1932
- In re the Estate of LevineNew York Surrogate's Court · 1935
- Chorosh v. WoodburyNew York Supreme Court · 1930
- State Ex Rel. Richardson v. MuellerMissouri Court of Appeals · 1936
- In re the Estate of SternNew York Surrogate's Court · 1957
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