Gribbon v. . Freel
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made May 16, 1883, which reversed an order of the General Term of the Marine Court of that city, affirming an order of Special Term, denying a motion to vacate and set aside an attachment issued herein and directing the amendment to the summons nunc pro tunc as to defendant, John Freel, so that the time for the defendant to answer should read “ ten days ” instead of…
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made May 16, 1883, which reversed an order of the General Term of the Marine Court of that city, affirming an order of Special Term, denying a motion to vacate and set aside an attachment issued herein and directing the amendment to the summons nunc pro tunc as to defendant, John Freel, so that the time for the defendant to answer should read “ ten days ” instead of six, as stated in the summons. The material facts are stated in the opinion.. The summons was served within the…
1Opinion of the CourtEarl, J.
A summons for the commencement of this action was issued out of the Marine Court of the city of New York, in which the defendant Freel, who was a non-resident of the State, was required to answer in six days. The summons was in the form generally required to he used in that court. (Code, § 3165.) Thereafter, on the 16th day of June, 1882, the plaintiffs obtained a warrant of attachment from the same court, by virtue of which Freel’s property within the State was attached, and on the 14th day of July thereafter, they procured an order for the publication of the summons against him.…
2Cases cited3 opinions
- Clapp v. . GravesNew York Court of Appeals · 1863
- Bradbury v. Van NostrandNew York Supreme Court · 1865
- Watkins v. StevensNew York Supreme Court · 1847
3Cited by32 opinions
- Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
- Deming Investment Co. v. ElyWashington Supreme Court · 1899
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Lane v. InnesSupreme Court of Minnesota · 1890
- Stone v. PrattNew York Supreme Court · 1895
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