Fiske v. Parke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John B. B. Fiske, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of October, 1902, vacating a judgment theretofore entered against the defendant in this action, upon her failure to appear or answer, and also an ex forte order directing the entry of such judgment.
1Opinion of the Court
Patterson, J.:
From an order vacating a judgment entered against the defendant, upon her failure to appear and answer in the action, this appeal is taken. The motion to vacate was granted at the Special Term, on the ground that the court never acquired jurisdiction over the defendant or her property. The summons was served upon the defendant without the State and by publication, and it was sought by the plaintiff to acquire jurisdiction by attachment. A warrant was procured, under which the sheriff of the county of New York and the sheriff of Kings county undertook to levy upon what is claimed…
2Cases cited2 opinions
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Von Hesse v. MackayeNew York Supreme Court · 1890
3Cited by1 opinion
- Judis v. MartinAppellate Division of the Supreme Court of the State of New York · 1926