Matthews v. Gilleran

New York Supreme Court

Matthews v. Gilleran

12 N.Y.S. 74, 35 N.Y. St. Rep. 269, 58 Hun 607, 1890 N.Y. Misc. LEXIS 3563

DecidedDecember 10, 1890

StatusPublished

This text of 12 N.Y.S. 74 (Matthews v. Gilleran) 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.

Bluebook

Matthews v. Gilleran, 12 N.Y.S. 74, 35 N.Y. St. Rep. 269, 58 Hun 607, 1890 N.Y. Misc. LEXIS 3563 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Dykman, J.

This is an appeal from an order denying a motion to set aside an attachment issued against the defendant on the ground of his non-residence, which is not denied. The summons, complaint; and attachment papers were served on the defendant personally in the state of Rhode Island, after an order for service by publication had been obtained in the action. The grounds upon which the defendant based his motion were the insufficiency of the affidavit to sustain the attachment, and the failure to make publication of the summons, in pursuance of the order, in addition to the personal service on the defendant outside of the state. Neither of the positions are sustained, and the order should be affirmed, with $10 costs and disbursements.

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

Dykman, J.

This is an appeal from an order denying a motion to set aside an attachment issued against the defendant on the ground of his non-residence, which is not denied. The summons, complaint; and attachment papers were served on the defendant personally in the state of Rhode Island, after an order for service by publication had been obtained in the action. The grounds upon which the defendant based his motion were the insufficiency of the affidavit to sustain the attachment, and the failure to make publication of the summons, in pursuance of the order, in addition to the personal service on the defendant outside of the state. Neither of the positions are sustained, and the order should be affirmed, with $10 costs and disbursements.

Cite This Page — Counsel Stack

Bluebook (online)

12 N.Y.S. 74, 35 N.Y. St. Rep. 269, 58 Hun 607, 1890 N.Y. Misc. LEXIS 3563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-gilleran-nysupct-1890.