Hyperlawhypertext legal database Franklin v. Beegle 85 N.Y.S. 1131

← Cases

Franklin v. Beegle

85 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1903-12-30 English

Contents

Majority

p. 1131
FRANKLIN v. BEEGLE et al.
(Supreme Court, Appellate Division, Second Department.
December 30, 1903.)

Headnote

Action by William Franklin against William H. Beegle and another.

We think that the affidavit of the attorney, solely relied upon as the basis of the order of publication, afforded no real proof of the nonresidence of the defendant Wilson, and that the motion to set the order aside should therefore have been granted. Order denying motion reversed, with $10 costs and disbursements, and motion granted, with costs.