Brainerd v. Heydrick
New York Supreme Court
This is an application on behalf of a purchaser of mortgaged premises sold under a judgment of foreclosure and sale, to be discharged from his purchase on the following grounds: 1st. That the "summons is not subscribed by the plaintiff or his attorney. 2d. That the affidavit on which the order of publication was granted is insufficient; and 3d.
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This is an application on behalf of a purchaser of mortgaged premises sold under a judgment of foreclosure and sale, to be discharged from his purchase on the following grounds: 1st. That the "summons is not subscribed by the plaintiff or his attorney. 2d. That the affidavit on which the order of publication was granted is insufficient; and 3d. That no copy of the order appointing a guardian ad litem, of the non-resident infant defendant, was served according to the terms of the order.
1Opinion of the CourtLott, J.
These grounds will be examined in the order they are above stated:
1st. The first objection is based on the fact appearing by the judgment roll, that the names of the plaintiff’s attorneys are printed at the end of the summons forming part of the Toll. This, it is claimed, is not a compliance with the requirements of the Gode, which provides that “ the summons shall be subscribed by the plaintiff or his attorney,” and' shall require the defendant to “ serve a copy of his answer on the person whose name is subscribed to the summons,” «fee.
It then becomes necessary to determine whether a summons…
2Cited by1 opinion
- Smith v. KerrNew York Supreme Court · 1888