Legal Opinion
Monette v. Chardon
New York Supreme Court
Decided February 15, 1896PublishedCited by 3 opinions
Motion on original papers to vacate attachment.
1Opinion of the CourtPryor, J.
Defendant’s notice of appearance is not among the papers before me; but I assume, on the representation of counsel, that the appearance is special, merely to move a vacation of the attachment.
Upon principle and authority it seems that a special appearance is allowable only to challenge jurisdiction, and that such appearance for any other purpose is, in legal effect, a general appearance. 2 Ency. of Pleading and Practice, 632, and cases in note; Blossom v. Estes, 84 N. Y. 614; Cruger v. Railroad Co., 12 id. 190..Whether, therefore, the defendant appear specially or generally, he is in a…
2Cases cited5 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Blossom v. . EstesNew York Court of Appeals · 1881
- Hodgman v. BarkerNew York Supreme Court · 1891
- Ladenburg v. . Commercial BankNew York Court of Appeals · 1896
3Cited by3 opinions
- De Nike v. BD. OF TRUSTEES, ETC., RETIREMENT SYS.New Jersey Superior Court Appellate Division · 1960
- Hayes v. Ambassador Court, Inc.New Jersey Superior Court Appellate Division · 1959
- Prezlak v. PadroneNew Jersey Superior Court Appellate Division · 1961