Jones v. . Derby
New York Court of Appeals
Appeal from an order of the Supreme Court, made at general term in the first district, setting aside the judgment in the action and the execution issued thereon.
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Appeal from an order of the Supreme Court, made at general term in the first district, setting aside the judgment in the action and the execution issued thereon. To the summons issued in the action, the sheriff of the city and county of New-York made return that he had made diligent effort to serve the defendant in his county with the summons, and that he could not be found; that on application at the place of business of the defendant, in the city of New-York, he ascertained that the defendant was a resident of said city, but was then absent temporarily therefrom, and was a householder in…
1Opinion of the Court
If an appeal to this court can be taken from the order of the Supreme Court setting aside the judgment in the action, the authority for it must be found in the second subdivision of section eleven of the Code, as it has been held that the third subdivision applies only to orders in proceedings based upon and which assume the validity of the judgments in the actions in which the orders are made. (Humphrey v. Chamberlain, 1Kern., 274; Dunlop v. Edwards, 3 Comst., 341.)
The second subdivision gives this court jurisdiction to review upon appeal every determination made by the Supreme Court at…
2Cited by3 opinions
- Bank of Genesee v. . SpencerNew York Court of Appeals · 1858
- Clarke v. . City of RochesterNew York Court of Appeals · 1866
- Clarke v. GoodridgeNew York Court of Appeals · 1869