Kennedy v. Lamb
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Action by Peter J. Kennedy against Margaret Lamb and others. From an order David P. Goldstein and another, purchasers, appeal. * Affirmed.
1Opinion of the CourtJenks, J.
This order is not open to collateral attack if the affidavits vested the judge with jurisdiction to pass upon the question and he was satisfied. Salisbury v. McGibbon, 58 App. Div. 524, 69 N. Y. Supp. 258; Kennedy v. N. Y. Life Ins. & T. Co., 101 N. Y. 487, 5 N. E. 774. Even slight and inconclusive proof may confer jurisdiction. Carleton v. Carleton, 85 N. Y. 313. We think that the affidavits were sufficient to justify a determination by the judge that the defendants could not, with due diligence, be served personally. Kennedy v. N. Y. Life Ins. & Trust Co., supra; Salisbury v. McGibbon,…
2Cases cited8 opinions
- Carleton v. . CarletonNew York Court of Appeals · 1881
- Crouter v. . CrouterNew York Court of Appeals · 1892
- Matter of Bd. of Education of New York.New York Court of Appeals · 1903
- McCracken v. . FlanaganNew York Court of Appeals · 1891
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
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