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Hackensack Coal & Lumber Co. v. Vanderbilt

135 N.Y.S. 1115 Court N.Y. App. Term Decision date 1912-06-21 English

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p. 1115
HACKENSACK COAL & LUMBER CO. v. VANDERBILT.
(Supreme Court, Appellate Term.
June 21, 1912.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Hackensack Coal & Lumber Company against Ernest C. Vanderbilt. From a judgment of the ¡Municipal Court for plaintiff, defendant appeals. Reversed, and complaint dismissed.
Woodford, Bovee & Butcher, of New York City, for appellant.

The affidavits submitted upon this appeal show conclusively that the defendant was never served with process in this action, and that he has never appeared herein in any manner sufficient to confer jurisdiction upon the court. Judgment reversed, and complaint dismissed, with costs.