Hyperlawhypertext legal database Hamilton v. Roberts 3 Edw. Ch. 234

← Cases

Hamilton v. Roberts

3 Edw. Ch. 234 Court N.Y. Ch. Decision date 1838-09-11 English

Contents

Majority

p. 234
Hamilton v. Roberts and others.
Sept. 11, 1838.

Headnote

Practice. Non-resident defendant.
Where a defendant resides in the province of Nova Scotia, the order to be published for his appearance must be a nine months order.
Motion to advertise a non-resident defendant. Mr. E. P. Hurlbut suggested that this defendant was a resident of some place in Nova Scotia ; and left it to the court to say, whether the order should require an appearance within four or nine months ?

was of opinion that this case was not embraced by the section of the statute which had reference to “ either of the provinces of Canada,” and directed the order to run “ within nine months.”