White v. . Bogart
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term as to the disposition of surplus moneys arising on sale under judgment of foreclosure herein. The plaintiff herein, James P. Gould, Micale White, Calvin H. Bell and William Youmans, each filed notices of claim to the surplus, all the claims being founded upon judgments against the mortgagor.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term as to the disposition of surplus moneys arising on sale under judgment of foreclosure herein. The plaintiff herein, James P. Gould, Micale White, Calvin H. Bell and William Youmans, each filed notices of claim to the surplus, all the claims being founded upon judgments against the mortgagor. The judgments in favor of plaintiff, James P. Gould and Micale White, were prior in date to the others, and were held to be the prior liens, and entitled to the surplus. The…
1Opinion of the CourtAllen, J.
None of the objections to the judgments of White and others go to the jurisdiction of the court over the subject-matter of the actions or the persons of the defendants. All the defects in the proceedings, and in the judgments alleged, are mere irregularities not affecting the jurisdiction, questions of practice, and all, if not cured by the statute, might have been supplied by the order of the court, and the judgments made regular in form. For the irregularity complained of, the judgments cannot be attacked collaterally. The due and regular service of the summons and complaint, in each case,…
2Cited by15 opinions
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- In re Morton's EstateNew York Supreme Court · 1893
- Lindsley v. Van CortlandtNew York Supreme Court · 1893
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