Godbout v. Irwin

Appellate Division of the Supreme Court of New York

Godbout v. Irwin

273 A.D. 1029, 79 N.Y.S.2d 461, 1948 N.Y. App. Div. LEXIS 5844

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 1948

StatusPublished

Cited by2 cases

This text of 273 A.D. 1029 (Godbout v. Irwin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Godbout v. Irwin, 273 A.D. 1029, 79 N.Y.S.2d 461, 1948 N.Y. App. Div. LEXIS 5844 (N.Y. Ct. App. 1948).

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Opinion

Order, upon reargument, denying appellants’ motion to vacate, annul and set aside a warrant of attachment, the levy based thereon, the order permitting service of the summons herein by publication, and the service of the summons predicated thereon, insofar as appealed from, affirmed, with $10 costs and disbursements, with leave to appellants, if so advised, to answer within ten days from the entry of the order hereon. Third persons claiming an interest in the [1030]*1030property attached may avail themselves of the provisions of section 924 of the Civil Practice Act, hut appellants themselves may not assert the title of those third persons as a basis for vacating the attachment. Appeal from the original order, dated March 9, 1948, dismissed, without costs. Lewis, P. J., Carswell, Nolan, Sneed and Wenzel, 'JJ., concur. [See 274 App. Div. 801.]

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Order, upon reargument, denying appellants’ motion to vacate, annul and set aside a warrant of attachment, the levy based thereon, the order permitting service of the summons herein by publication, and the service of the summons predicated thereon, insofar as appealed from, affirmed, with $10 costs and disbursements, with leave to appellants, if so advised, to answer within ten days from the entry of the order hereon. Third persons claiming an interest in the [1030]*1030property attached may avail themselves of the provisions of section 924 of the Civil Practice Act, hut appellants themselves may not assert the title of those third persons as a basis for vacating the attachment. Appeal from the original order, dated March 9, 1948, dismissed, without costs. Lewis, P. J., Carswell, Nolan, Sneed and Wenzel, 'JJ., concur. [See 274 App. Div. 801.]

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Bluebook (online)

273 A.D. 1029, 79 N.Y.S.2d 461, 1948 N.Y. App. Div. LEXIS 5844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godbout-v-irwin-nyappdiv-1948.

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