Bell v. Moran
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas J. Moran, from a judgment of the Comity Court of Cattaraugus county, entered in the office of the clerk of the county of Cattaraugus on the 22d day of December, 1897, affirming a judgment of a justice of the peace.
1Opinion of the Court
*462The following is the opinion delivered by Kruse, County Judge: Kruse, County Judge:
■ No defense was made in the court belo.w to the merits of the plaintiff’s claim, but the appellant now challenges the plaintiff’s right of recovery upon the evidence and also seeks to avoid the effect of the judgment, and asks its reversal upon the ground that the attachment should have been vacated, the judgment being in rem, as no personal service of process was made upon the defendant.
The particular grounds upon which this objection is based are the. return of the officer who served the attachment and the…
2Cases cited4 opinions
- Kissam v. MarshallNew York Supreme Court · 1860
- Helmick v. ChurchillNew York Supreme Court · 1895
- Clark v. HooperNew York Supreme Court · 1893
- Proctor v. WhitcherAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Daley v. Dennis, New York County Courts1930
- Rich v. ConleyNew York Supreme Court · 1899
- Epstein v. Prosser, New York County Courts1908
- Epstein v. ProsserNew York County Court, Steuben County · 1908
- Read v. Bingham, New York County Courts1911
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