Mojarrieta v. . Saenz
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion to vacate two attachments ° issued herein. Tlie facts appear sufficiently in the opinion. An attachment having been issued, and the summons not having been personally served, or publication commenced within thirty days after, the court lost all jurisdiction of the cause, and all proceedings therein became void.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion to vacate two attachments ° issued herein. Tlie facts appear sufficiently in the opinion. An attachment having been issued, and the summons not having been personally served, or publication commenced within thirty days after, the court lost all jurisdiction of the cause, and all proceedings therein became void. (Code of Civil Proc., § 638.) The court, upon defendants’ motion, should have made an order vacating and setting aside the first…
1Opinion of the Court
Rapallo J.
The first attachment was granted May 13, 1879. The last day for commencing publication of the summons is conceded to have expired on the 12th of June, 1879. No publication ivas made until after that date, and by that omission the attachment fell. (Code, § 638; Taylor v. Troncosco, 76 N. Y., 599.)
The request of the defendant Rodriquez, whose individual property had been levied on by virtue of the warrant, to suspend proceedings, received June fifth by telegraph, and June twelfth by letter, were not a substitute for service of the summons or commencement of publication, nor can they…
2Cases cited2 opinions
- M'Coy v. HydeCourt for the Trial of Impeachments and Correction of Errors · 1827
- Robinson v. SinclairNew York Supreme Court · 1845
3Cited by23 opinions
- Patterson v. Rockwell InternationalTennessee Supreme Court · 1984
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Ladenburg v. Commercial Bank of NewfoundlandAppellate Division of the Supreme Court of the State of New York · 1896
- Dayco Corporation v. Foreign Transactions Corporation v. Richard J. Jacob, Third-PartyCourt of Appeals for the Second Circuit · 1983
- Bowman v. . WardSupreme Court of North Carolina · 1910
18 more not listed; retrieve them via the Exa API.