In re the Examination of Wyman
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry Y. Canfield* judgment creditor in the above-entitled proceedings, from so much of an order of the County Court of Delaware county, entered in the office of the clerk of the county of Delaware on the 25tli day of January, 1902, as adjudges that certain moneys in the hands of the judgment debtor are exempt from the claims of creditors and denies the motion of said judgment creditor that such moneys be applied for his benefit, and also an appeal by Leroy Wyman,…
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Appeal by Henry Y. Canfield* judgment creditor in the above-entitled proceedings, from so much of an order of the County Court of Delaware county, entered in the office of the clerk of the county of Delaware on the 25tli day of January, 1902, as adjudges that certain moneys in the hands of the judgment debtor are exempt from the claims of creditors and denies the motion of said judgment creditor that such moneys be applied for his benefit, and also an appeal by Leroy Wyman, the judgment debtor in the above-entitled proceedings, from so much of said order as denies his motion to set aside the…
1Opinion of the Court
Parker, P. J.:
In Union Furnace Co. v. Shepherd (2 Hill, 413) it was held that though the statute required the service of a copy, the true test was whether the defendant could have been misled by the variance between the original and the paper served upon him as a copy. I have not discovered that such rule has since been abandoned or Changed. There was nothing in the copy, as served, misleading;. The affidavit, upon which the order to appear and answer before the referee was granted, was confessedly sufficient, and an application to vacate that, order because of such a variance would have *295been…
2Cases cited2 opinions
- Prince v. BrettAppellate Division of the Supreme Court of the State of New York · 1897
- Barrington v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Kerr v. Tyler Guaranty State BankCourt of Appeals of Texas · 1926
- In re FrenchDistrict Court, N.D. New York · 1916
- Fay Securities Co. v. BoweringCalifornia Court of Appeal · 1929
- Schafer v. TyrolerCity of New York Municipal Court · 1916
- 1101 Park Avenue Corp. v. CornellCity of New York Municipal Court · 1928
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