Griffin v. Dominguez
The Superior Court of New York City
Ajst execution against the defendant, upon a judgment obtained against him by default, having been returned unsatisfied, an order was made and duly served, for his examination, under the Code. He did not appear on the day appointed by the order, and a motion was now made, upon the proper affidavit, that an attachment be issued against him.
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Ajst execution against the defendant, upon a judgment obtained against him by default, having been returned unsatisfied, an order was made and duly served, for his examination, under the Code. He did not appear on the day appointed by the order, and a motion was now made, upon the proper affidavit, that an attachment be issued against him. It was objected, that the defendant was a foreign consul, and had been duly recognised as such by the general government; and, as these facts were admitted, it was insisted that the court had no jurisdiction. contended— 1. That the defendant, having allowed…
1Opinion of the CourtDuer, J.
The cases of Koppel v. Heinrichs, and Flynn v. Stoughton, are overruled by a recent decision of the Court of Appeals. In the case to which I refer, Valarino v. Thompson, the suit was originally commenced in this court, and the defendant, Thompson, appeared, and, not denying jurisdiction, pleaded the general issue, with notice of a set-off. The cause was tried upon its merits, and the plaintiff obtained a verdict, upon which, after the argument of a hill of exceptions, judgment was rendered in his favor. The defendant then brought a writ of error to the Supreme Court, and assigned, as an error…
2Cited by10 opinions
- Owen v. DupignacNew York Court of Common Pleas · 1859
- In re StewartNew York Supreme Court · 1902
- Orr's CaseNew York Supreme Court · 1856
- Heroy v. GibsonThe Superior Court of New York City · 1862
- Allen v. StarringNew York Supreme Court · 1863
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