Mischner v. Altman
New York Supreme Court
Appeal from a judgment of the City Court of the city of Hew York for $674.12 entered upon a verdict in favor of plaintiff, and from an order denying a motion for a new trial.
1Opinion of the CourtBijur, J.
The complaint sets forth an action in trespass tO’ the effect that the defendant, assisted by a marshal of the city of Hew York, threw plaintiff’s stock of goods into the street, after having made a false affidavit that the .plaintiff could not be served personally with a precept in dispossess proceedings, and having obtained, after “ substituted service” and default, a warrant to dispossess him.
The question on this appeal is whether the plaintiff can attack collaterally the final order and warrant to dispossess, by showing that the affidavit of service was untruthful and fraudulent.
If the…
2Cases cited4 opinions
- Hughes v. . CumingNew York Court of Appeals · 1900
- Van Alstyne v. . ErwineNew York Court of Appeals · 1854
- Matthews v. CarmanAppellate Division of the Supreme Court of the State of New York · 1907
- Marchand v. HaberNew York Supreme Court · 1896
3Cited by1 opinion
- Mischner v. AltmanAppellate Division of the Supreme Court of the State of New York · 1911