Heilbrunn v. Kellogg

Order modifying the official referee’s report, and as so modified confirming it and granting a deficiency judgment, reversed on the law, with ten dollars costs and disbursements, and respondents’ motion, in so far as it seeks a deficiency judgment against appellant, denied, with ten dollars costs. Appeal from resettled order denying rehearing dismissed. Respondents were not entitled to a deficiency judgment against appellant, who is an executor and a non-resident. The summons in the foreclosure action was served upon appellant personally without the State. Under section 235 of the Civil…