Belmont v. . Cornen
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied a motion to vacate an order for service of the summons herein by publication, and the judgment and sale thereunder. This action was brought to foreclose a mortgage upon premises situate in the city of New York; the venue was laid in the city and county of New York.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied a motion to vacate an order for service of the summons herein by publication, and the judgment and sale thereunder. This action was brought to foreclose a mortgage upon premises situate in the city of New York; the venue was laid in the city and county of New York. The order of publication was granted upon the following affidavit (omitting title and jurat): “ State of New York, 1 City cmd County of New York, j ss'' John Hone, of said city, being duly…
1Opinion of the CourtRapallo, J.
To authorize a judge to grant an order for the service of a summons on an absent defendant by publication in a case like the present one, the 135th section of the Code, which was in force when the order now under review was made, required that it should appear by affidavit to the satisfaction of the cowrt or judge, that the defendant could not, after due diligence, be found within the State.
The court or judge making the order of publication was, by this enactment, empowered to pass upon the sufficiency of the evidence that due diligence had been used to find the defendant within the State and…
2Cited by18 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1913
- Carleton v. . CarletonNew York Court of Appeals · 1881
- Leigh v. GreenNebraska Supreme Court · 1901
- County of Douglas v. FeenanNebraska Supreme Court · 1945
- Kennedy v. . LambNew York Court of Appeals · 1905
13 more not listed; retrieve them via the Exa API.