Kerille v. Phœnix Life Insurance
This text of 3 Thomp. & Cook 788 (Kerille v. Phœnix Life Insurance) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
“ By the twelfth section of the judiciary act, the defendant’s appearance in the action must be entered at the same time that the petition is filed, they must be concurrent acts, and if they are not done concurrently, the defendant is not entitled to an order of removal. Conkling’s Tr. 476 ; Redmond v. Russell, 12 Johns. 153.
If serving notice of retainer is equivalent to the entry of appearance, it was not served until the 22d, the next day after the petition was filed. If the actual entry of an appearance was essential, it was not entered until the 22d, and was too late to be in compliance with the statute. The order of the special term must be affirmed, with $10 costs.”
Order affirmed.
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3 Thomp. & Cook 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerille-v-phnix-life-insurance-nysupct-1874.