Leavitt v. Matzkin
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Louis Leavitt against David Matzkin and others, in which action an attachment issued. From a judgment for plaintiff, and an order denying a motion to vacate the attachment, defendants appeal. Reversed, and complaint dismissed.
1Opinion of the CourtGildersleeve, P. J.
This is an appeal from a judgment rendered in favor of the plaintiff, and also from an order denying a motion to vacate an attachment issued against the property of the defendants. The defendants were never, personally served with the summons. Upon the return day the attorney for the defendants appeared specially and moved to vacate the attachment upon several grounds, which motion was denied.
It is evident, from an examination of the record, that the court below did not obtain jurisdiction. Section 83 of the Municipal Court act (Laws 1902, p. 1517, c. 580) provides that a marshal must serve…
Also in this document: Concurrence.
2Cases cited2 opinions
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903