Smyth v. Lippe

Appellate Terms of the Supreme Court of New York

Smyth v. Lippe

94 N.Y.S. 1163

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 26, 1905

StatusPublished

This text of 94 N.Y.S. 1163 (Smyth v. Lippe) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smyth v. Lippe, 94 N.Y.S. 1163 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

The notice of motion states specifically that the order vacating is desired “on the ground that it appears upon the face of said order that the justice had no jurisdiction to grant the same.” It may be that the justice had not jurisdiction to grant the order, but that he had not does not appear upon the face of the order. As the third party does not appear to object to the jurisdiction, and it does appear that the justice required notice of the proceedings to be given to the judgment debtor, no inquiry beyond that necessitated by the ground of the motion has been made. Order affirmed, with $10 costs and disbursements.

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

PER CURIAM.

The notice of motion states specifically that the order vacating is desired “on the ground that it appears upon the face of said order that the justice had no jurisdiction to grant the same.” It may be that the justice had not jurisdiction to grant the order, but that he had not does not appear upon the face of the order. As the third party does not appear to object to the jurisdiction, and it does appear that the justice required notice of the proceedings to be given to the judgment debtor, no inquiry beyond that necessitated by the ground of the motion has been made. Order affirmed, with $10 costs and disbursements.

Cite This Page — Counsel Stack

Bluebook (online)

94 N.Y.S. 1163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smyth-v-lippe-nyappterm-1905.