People ex rel. Maibach v. Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by Joseph Stern and others, judgment creditors of the relator, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk' of the ■county of New York on the 31st day of December, 1898, discharging the relator from the custody of the sheriff of the county of New York.
1Opinion of the Court
Van Brunt, P. J. :
The habeas corpus under which the relator was discharged was -obtained upon the petition of Anthony J. Barrett, his attorney. It appears from the petition that an action was commenced in the Municipal Court of the city of New York by Joseph Stern and others against Peter Maibach and John Maibach, the names Peter and John being alleged to be fictitious. It was further alleged in the said petition that the summons and complaint were served upon George Maibach, although he never- had any dealings with the plaintiff, being merely an employee of his father, Peter Maibach, who had…
2Cited by1 opinion
- J. R. Smith & Co. v. JosephsonCity of New York Municipal Court · 1907