Jones v. Fuchs
Appellate Division of the Supreme Court of the State of New York
Appeal By the plaintiff, William Gf. Jones, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of March, 1905, vacating a warrant of attachment theretofore granted against the property of the defendant Davis, and setting aside an attempted service of the summons under an order of publication.
1Opinion of the Court
Woodward, J.:
Two warrants of attachment have been issued against the property of defendant Davis. The first of these was obtained on the 24th day of August, 1904, and was vacated because^ the plaintiff failed to produce an adequate surety. It likewisé appears that there was some question about the proper service of the papers under an Order, but this is not material to the determination of this appeal.
A second attachment was procured on the 2d day of December, 1904, but no service or order of publication was procured up to .January 3, 1905, on which date an order was entered extending the…
2Cases cited1 opinion
- Blossom v. . EstesNew York Court of Appeals · 1881
3Cited by2 opinions
- Friedman v. PrescettiAppellate Division of the Supreme Court of the State of New York · 1922
- McCoy v. Erie Forge & Steel Co.New York Supreme Court · 1922