Brisbane v. Peabody
New York Supreme Court
Motion ly Defendant to set aside the order pro confesso and subsequent proceedings in a foreclosure case.—The Defendant resided in the state of Georgia, and had been proceeded against as a non-resident. The order for his appearance was in the usual form, directing notice to be published in the state paper and Buffalo Courier. The order was published in the state paper and in the Buffalo Commercial Advertiser, but not in the Buffalo Courier.
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Motion ly Defendant to set aside the order pro confesso and subsequent proceedings in a foreclosure case.—The Defendant resided in the state of Georgia, and had been proceeded against as a non-resident. The order for his appearance was in the usual form, directing notice to be published in the state paper and Buffalo Courier. The order was published in the state paper and in the Buffalo Commercial Advertiser, but not in the Buffalo Courier. The Plaintiff filed an affidavit of the pnbhcation as above stated, took an order pro confesso, and proceeded to a decree and sale of the premises…
1Opinion of the Court
Sill, Justice.
The right to an order pro confesso, against a Defendant who has been proceeded against as a non-resident, and who has not appeared, is derived from the statute alone; and to entitle the Plaintiff to it, he must pursue strictly the steps which the same prescribes. The statute requires the notice to appear, to -be published in the state paper and such other paper as the court shall direct. In this case the court directed it to he published in the Courier. This was not done, but the publication was made in the Commercial Advertiser. It is immaterial whether the Defendant has been…
2Cited by5 opinions
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- Valz v. Sheepshead Bay Bungalow Corp.Appellate Division of the Supreme Court of the State of New York · 1927
- Bobkoff v. ChesticoffHawaii Supreme Court · 1918