Whitney v. Welch

New York Supreme Court

Whitney v. Welch

2 Abb. N. Cas. 442

DecidedOctober 15, 1877

StatusPublished

This text of 2 Abb. N. Cas. 442 (Whitney v. Welch) 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

Whitney v. Welch, 2 Abb. N. Cas. 442 (N.Y. Super. Ct. 1877).

Pincite

Opinion

Barrett, J.

The papers show that the defendants [444]*444do not reside in the United States, but that is all. The defendants are entitled to notice (see section 714, Code of Civ. Pro.). The plaintiff may take an order to show cause, with a proper provision as to the mode of service. This provision can only be made upon a disclosure of the defendants’ residence. Even as a matter of discretion, under section 294 Code of Pro., they should have some notice.

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Barrett, J.

The papers show that the defendants [444]*444do not reside in the United States, but that is all. The defendants are entitled to notice (see section 714, Code of Civ. Pro.). The plaintiff may take an order to show cause, with a proper provision as to the mode of service. This provision can only be made upon a disclosure of the defendants’ residence. Even as a matter of discretion, under section 294 Code of Pro., they should have some notice.

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Bluebook (online)

2 Abb. N. Cas. 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-v-welch-nysupct-1877.