Legal Opinion

Everitt v. Everitt

New York Court of Appeals

Decided February 27, 1958PublishedCited by 11 opinions

1Opinion of the CourtYaw Yoorhis, J.

This action' was commenced against a nonresident of New York State by the service of a summons and notice upon the defendant while she was temporarily within this State. The' defendant- appeared generally, demanding that a copy of the complaint and all other papers be served on her attorneys. The complaint was served in due time áfter the notice of appearance, but, instead of being confined to a contract cause of action for $46,900, as the notice served with the summons under rule 46 of the Pules of Civil Practice had indicated, this- turned out to be only the first cause of action, combined…

2Cases cited8 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Garvin v. GarvinNew York Court of Appeals · 1951
  3. Reed v. . ChilsonNew York Court of Appeals · 1894
  4. Chapman v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1954
  5. Sharp v. ClappAppellate Division of the Supreme Court of the State of New York · 1897

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3Cited by11 opinions

  1. Manufacturers & Traders Trust Co. v. Hartford Accident & Indemnity Co.District Court, W.D. New York · 1977
  2. Village of Wellsville v. Atlantic Richfield Co.District Court, W.D. New York · 1985
  3. Andrulis v. FoxAppellate Division of the Supreme Court of the State of New York · 2001
  4. Rosen v. RosenNew York Supreme Court · 1994
  5. Chemical Bank — Eastern N. A. v. Love Lumber Co.New York Supreme Court · 1974

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