Simpson v. Burch
New York Supreme Court
APPEAL by Solomon L. Simpson from an order at the special term denying a motion to set aside a judgment. The motion was made by the plaintiff in a judgment recovered by Solomon L. Simpson against Thomas F. Burch to set aside a prior judgment against the same defendant, recovered by John Clarke and others.
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APPEAL by Solomon L. Simpson from an order at the special term denying a motion to set aside a judgment. The motion was made by the plaintiff in a judgment recovered by Solomon L. Simpson against Thomas F. Burch to set aside a prior judgment against the same defendant, recovered by John Clarke and others. The ground for the motion was that the court had no jurisdiction to render the prior judgment, the -summons in the action not having been served personally upon the defendant, but by substituted service, and that the order for such substituted service was granted upon an insufficient…
1Opinion of the CourtGilbert, J.
The plaintiffs have recovered a judgment in this court against the defendant, on which an execution has been issued and a levy made upon his goods. Mr. Simpson, a junior creditor of the defendant, by a judgment upon which an execution has been issued to the same sheriff, moved, at special term, for an- order vacating and setting aside the judgment and execution of the plaintiffs, on the ground that the court acquired no jurisdiction of the defendant. It appears that the defendant was not served personally, but that an order was made by the county judge of Oswego county, where the venue was…
2Cases cited7 opinions
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Staples v. . FairchildNew York Court of Appeals · 1849
- Clapp v. . GravesNew York Court of Appeals · 1863
- Waffle v. GobleNew York Supreme Court · 1868
- Gere v. GundlachNew York Supreme Court · 1869
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