Kierst v. Von Biela

New York Marine Court

Kierst v. Von Biela

1 N.Y. City Ct. Rep. 243

DecidedApril 15, 1880

StatusPublished

This text of 1 N.Y. City Ct. Rep. 243 (Kierst v. Von Biela) is published on Counsel Stack Legal Research, covering New York Marine Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kierst v. Von Biela, 1 N.Y. City Ct. Rep. 243 (N.Y. Super. Ct. 1880).

Pincite

Opinion

MoAdam, J.

Unless process is personally served upon the defendant, the judgment recovered is regarded as one in rem, and affects only the attached or other specific property sought to be reached (see [244]*244Freeman on Judgments, §§ 127, 567, 573, et seq.). Ho specific property is sought to be reached by the present action, which is an ordinary one upon contract for money loaned. Ho attachment has been issued, and nothing has been seized, upon which a judgment by constructive service (if entered), could be enforced. I need not cite books of practice to show that an order for the publication of the summons, granted under such circumstances cannot stand. It must be set aside. Ho costs.

Free access — add to your briefcase to read the full text and ask questions with AI

MoAdam, J.

Unless process is personally served upon the defendant, the judgment recovered is regarded as one in rem, and affects only the attached or other specific property sought to be reached (see [244]*244Freeman on Judgments, §§ 127, 567, 573, et seq.). Ho specific property is sought to be reached by the present action, which is an ordinary one upon contract for money loaned. Ho attachment has been issued, and nothing has been seized, upon which a judgment by constructive service (if entered), could be enforced. I need not cite books of practice to show that an order for the publication of the summons, granted under such circumstances cannot stand. It must be set aside. Ho costs.

Cite This Page — Counsel Stack

Bluebook (online)

1 N.Y. City Ct. Rep. 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kierst-v-von-biela-nymarct-1880.