Tuller v. . Beck
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 13, 1887, which reversed an order of Special Term granting a motion made by plaintiff in the action second above entitled, directing the sheriff to apply moneys collected by him by levy and sale of the property of defendant upon the execution in said action and which denied said motion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 13, 1887, which reversed an order of Special Term granting a motion made by plaintiff in the action second above entitled, directing the sheriff to apply moneys collected by him by levy and sale of the property of defendant upon the execution in said action and which denied said motion. On April 8, 1887, an attachment was duly issued in the first entitled action and levied on property of the defendant. Service of summons by publication was regularly ordered and commenced. On May 17,…
1Opinion of the CourtFinch, J.
We are of opinion that the attachment assailed by the subsequent lienors was not void because the publication of the smnmons, regularly ordered and commenced, was suspended before its completion by reason of the appearance of the defendant in the action, waiving further publication and consenting to the entry of judgment against him. The object of the publication is by a substituted service to bring the defendant into court, and the language of the Code (§ 638) that “if publication has,been or is thereafter commenced, the service must be made complete by the continuance thereof,” means simply…
2Cases cited1 opinion
- Catlin v. . RickettsNew York Court of Appeals · 1883
3Cited by1 opinion
- Clare v. LockardNew York Supreme Court · 1887