Hill v. Atanasio
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Robert Hill against Francesco Atanasio. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtLehman, J.
The defendant appeals from a judgment entered upon his default. He was not apparently served with process, and the jurisdiction of the court is dependent upon the validity of an attachment levied on the defendant’s property. The defendant appeared specially upon a motion to vacate the attachment and entered no general appearance. If the attachment was invalid, the judgment must fall. An appeal from the judgment is properly brought, and the appeal brings up for review the orders denying the motions to vacate the attachment. Mohlman Co. v. Landwehr, 87 App. Div. 83, 83 N. Y. Supp. 1073; Durkin…
2Cases cited3 opinions
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- Durkin v. PatenAppellate Division of the Supreme Court of the State of New York · 1904