From Casetext: Smarter Legal Research

Catlin v. Ricketts

Court of Appeals of the State of New York
Mar 13, 1883
91 N.Y. 668 (N.Y. 1883)

Summary

In Catlin v. Ricketts (91 N.Y. 668) the defendant appeared generally, and subsequently moved to discharge an attachment on the ground that personal service of the summons was not made within thirty days after the granting of the warrant, as required by section 638, and this court held that such section must be read with section 424, which provides that the "voluntary general appearance of the defendant is equivalent to personal service of the summons upon him."

Summary of this case from Clare v. Lockard

Opinion

Argued March 6, 1883

Decided March 13, 1883

Melville H. Regensbergher for plaintiffs.

C.W. West for appellants.



EARL, J., reads for affirmance of order in case first above entitled, and for dismissal of appeal in the other two cases.

All concur.

Ordered accordingly.


Summaries of

Catlin v. Ricketts

Court of Appeals of the State of New York
Mar 13, 1883
91 N.Y. 668 (N.Y. 1883)

In Catlin v. Ricketts (91 N.Y. 668) the defendant appeared generally, and subsequently moved to discharge an attachment on the ground that personal service of the summons was not made within thirty days after the granting of the warrant, as required by section 638, and this court held that such section must be read with section 424, which provides that the "voluntary general appearance of the defendant is equivalent to personal service of the summons upon him."

Summary of this case from Clare v. Lockard

In Catlin v. Ricketts (91 N.Y. 668) it appeared that within thirty days after the attachment had been granted the defendant had voluntarily appeared in the action, and it was held that such voluntary appearance was equivalent to a personal service of the summons.

Summary of this case from Logan v. Greenwich Trust Co.
Case details for

Catlin v. Ricketts

Case Details

Full title:JULIUS CATLIN, Jr., et al., Respondents, v . WILLIAM H. RICKETTS…

Court:Court of Appeals of the State of New York

Date published: Mar 13, 1883

Citations

91 N.Y. 668 (N.Y. 1883)

Citing Cases

Tuller v. Pierce

The object of the publication is by a substituted service to bring the defendant into court, and the language…

Logan v. Greenwich Trust Co.

It was held that the failure to serve the summons within thirty days after the warrant of attachment was…