Pierce v. Martin
City of New York Municipal Court
Action by Robert P. Pierce, as executor of Elizabeth T. Peckham, deceased, against Sarah W. Martin. Motion to vacate a warrant of attachment. The grounds for attachment, as stated in the warrant, are as contained in Code Civ.
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Action by Robert P. Pierce, as executor of Elizabeth T. Peckham, deceased, against Sarah W. Martin. Motion to vacate a warrant of attachment. The grounds for attachment, as stated in the warrant, are as contained in Code Civ. Proc. § 636, relating to attachment of property generally, and providing that, among other grounds, attachment may be granted “where the defendant, being an adult and a resident of the state, has been continuously without the state of New York for more than six months next before the granting of the order of publication of the summons against him, and has not made a…
1Opinion of the CourtDeeehanty, J.
Motion to vacate a warrant of attachment on the papers upon which it was issued, as well as additional ones. The basis of the application is (1) that the warrant is jurisdictionally defective, in that it appears to be granted on a ground provided by statute, but not applicable to this court; and (2) that, while issued apparently for the reason that defendant has been continuously absent in Europe for six months last past and has not designated a person upon whom papers might be served by filing the usual designation in the office of the county clerk, yet when issued such designation was…
2Cases cited4 opinions
- Stone v. PrattNew York Supreme Court · 1895
- People v. SingletonNew York Court of Appeals · 1977
- King v. KingAppellate Division of the Supreme Court of the State of New York · 1901
- Jones v. HoytNew York Supreme Court · 1895