Legal Opinion

McLaughlin v. McCann

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1907PublishedCited by 7 opinions

Appeal by Daniel F. S. Connell, the purchaser at a partition sale, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 24th day of September, 1907, denying the appellant’s motion to sustain his objections to the title and to be relieved from completing his purchase.

1Opinion of the Court

Gaynor, J.:

The affidavit of the plaintifE on which the order for service by publication was ■ obtained, after stating that none of the 23 defendants, excepting a few of them who are specified, “ are residents of the State of New York, or at present within the State’’^ states of one of the three of such non-resident defendants, service of summons upon whom is now in question, as follows:

“ The last I knew of said defendant, Mary McGroldrick, she resided somewhere in what is now the State of Washington, but she has not been heard from for upwards of ten years, and I cannot, after diligent…

2Cases cited2 opinions

  1. Kennedy v. . LambNew York Court of Appeals · 1905
  2. Nixon v. PalmerNew York Supreme Court · 1850

3Cited by7 opinions

  1. Liebhant v. LawrenceUtah Supreme Court · 1911
  2. In re the Estate of ClarkeNew York Surrogate's Court · 1932
  3. Sunswick Land Co. v. MurdockAppellate Division of the Supreme Court of the State of New York · 1908
  4. Seidenburg v. PesceAppellate Division of the Supreme Court of the State of New York · 1910
  5. Rose v. HellerAppellate Division of the Supreme Court of the State of New York · 1920

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