Van Arsdale v. . King
New York Court of Appeals
. Appeal from an order of the General Term of the Supreme Court in the second judicial department, entered June 5,1895, which affirmed an order of Special Term denying a motion to vacate an order granting plaintiff leave to bring an action under section 1913 of the Code of Civil Procedure and to set aside and vacate all the proceedings subsequent thereto. The facts, so far as material, are stated in the opinion.
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. Appeal from an order of the General Term of the Supreme Court in the second judicial department, entered June 5,1895, which affirmed an order of Special Term denying a motion to vacate an order granting plaintiff leave to bring an action under section 1913 of the Code of Civil Procedure and to set aside and vacate all the proceedings subsequent thereto. The facts, so far as material, are stated in the opinion. A justice of the Supreme Court cannot sit at General Term in review of an order made by him. (Const. N. Y. 1846, art. 6, § 8; Duryea v. Traphagen, 84 N. Y. 652; Pistor v. Hatfield, 46…
1Opinion of the CourtHaight, J.
On the 26th day of November, 1890, the plaintiff made an affidavit, in which he stated that, on the 27th day of November, 1880, he- recovered a judgment-against the defendant, George King, in the County Court of Westchester county for the sum of $453.38, which judgment remained wholly unsatisfied; that he desired leave of the court to bring an action against the defendant upon the judgment, hut that he was unable to make personal service upon the defendant of the notice of application for such leave owing' to the fact that the defendant was a non-resident of the state, and, as he was informed…
2Cases cited2 opinions
- Real v. . the PeopleNew York Court of Appeals · 1870
- Pistor v. . HatfieldNew York Court of Appeals · 1871
3Cited by3 opinions
- Spreckels v. De BoltHawaii Supreme Court · 1905
- Greenlund v. FennerNew York Supreme Court · 1926
- Case v. HoffmanWisconsin Supreme Court · 1898