Blossom v. . Estes
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made September 10, 1880, reversing an order of -Special Term which denied a motion to vacate an attachment, and granting the motion for the reason, as stated in the order, “ that the summons was not personally served, nor was the publication thereof commenced, within thirty days from the issuing of said warrant.” (Reported below, 22 Hun, 472.) This order is appealable. (Ins.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made September 10, 1880, reversing an order of -Special Term which denied a motion to vacate an attachment, and granting the motion for the reason, as stated in the order, “ that the summons was not personally served, nor was the publication thereof commenced, within thirty days from the issuing of said warrant.” (Reported below, 22 Hun, 472.) This order is appealable. (Ins. Co. v. Stevens, 63 N. Y. 331; Tracey v. Altmeyer, 46 id. 599.) Even if the summons was not published and was not personally…
1Opinion of the CourtDanforth, J.
The' attachment was granted under the Code of Procedure, upon the ground that the defendant was a nonresident (§ 227). It has been vacated for the reason that the summons was noffpersonally .served or the publication thereof commenced within thirty days from the issuing of the warrant. Thus the decision did not relate to the rights of the parties as between themselves, nor involve the exercise of discretion by the court, but its power merely. The question, therefore, is one of jurisdiction and is properly before us for review; and as the right to this process was conferred by statute and is…
2Cases cited3 opinions
- Kerr v. . MountNew York Court of Appeals · 1863
- Waffle v. GobleNew York Supreme Court · 1868
- Gere v. GundlachNew York Supreme Court · 1869
3Cited by28 opinions
- Logan v. Greenwich Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Friedman v. PrescettiAppellate Division of the Supreme Court of the State of New York · 1922
- Caton v. CatonNew York Supreme Court · 1972
- Barron v. Winchester Broadcasting Corp.New York Supreme Court · 1951
- Corn Exchange Bank v. BossioAppellate Division of the Supreme Court of the State of New York · 1896
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