Kellogg v. Freeman

City of New York Municipal Court

Kellogg v. Freeman

2 N.Y. City Ct. Rep. 147

DecidedMay 15, 1885

StatusPublished

This text of 2 N.Y. City Ct. Rep. 147 (Kellogg v. Freeman) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kellogg v. Freeman, 2 N.Y. City Ct. Rep. 147 (N.Y. Super. Ct. 1885).

Pincite

Opinion

McAdam, Ch. J.

An affidavit in supplementary proceedings which follows the alternative wording of the statute,—that the defendant is a resident or has a place of business within the county, is not sufficient (1 Code Rep. 38). It should allege either “ that the defendant is a resident,” or “ that he has a place of business with the county,” for either will suffice. If it be true that the defendant is a resident and also has a place of business within the county, the fact ought to be alleged in the conjunctive, in order to satisfy the rules of practice.

Motion to vacate order granted, without costs.

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McAdam, Ch. J.

An affidavit in supplementary proceedings which follows the alternative wording of the statute,—that the defendant is a resident or has a place of business within the county, is not sufficient (1 Code Rep. 38). It should allege either “ that the defendant is a resident,” or “ that he has a place of business with the county,” for either will suffice. If it be true that the defendant is a resident and also has a place of business within the county, the fact ought to be alleged in the conjunctive, in order to satisfy the rules of practice.

Motion to vacate order granted, without costs.

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Bluebook (online)

2 N.Y. City Ct. Rep. 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellogg-v-freeman-nynyccityct-1885.