Straus v. Guilhou
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Hugo Straus against Aaron Guilhou and others. From an order modifying an order of discontinuance, and from a judgment entered therein, plaintiff appeals. Reversed.
1Opinion of the CourtMcLAUGHLIN, J.
This action was commenced by the service of a summons by publication, and a warrant of attachment was obtained *181against defendants’ property, under which a levy was made. Thereafter the defendants, by an attorney, appeared specially for the purpose of moving to vacate the attachment and the order of publication. Intermediate the argument of the motion and its determination, the plaintiff, with the permission of the justice before whom the motion was pending, applied, ex parte, to, and obtained from, a justice sitting in another part of the court, an order discontinuing the action and…
2Cases cited5 opinions
- Wynkoop v. Van BeurenNew York Supreme Court · 1892
- Booth v. Kingsland Avenue Building Ass'nAppellate Division of the Supreme Court of the State of New York · 1897
- Manning v. CassidyNew York Supreme Court · 1894
- New York Central & Hudson River Railroad v. Village of Hastings-on-HudsonAppellate Division of the Supreme Court of the State of New York · 1896
- New York City Suburban Water Co. v. BissellNew York Supreme Court · 1894
3Cited by2 opinions
- American Surety Co. v. Florida Nat. Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1938
- Kehaya v. AxtonDistrict Court, S.D. New York · 1940