Feitner v. Hoeger — 30 N.Y. St. Rep. 772

Majority

p. 772

Elsie R. Feitner, App’lt, v. Francis X. Hoeger et al., Resp

(Court of Appeals,

Filed April 15, 1890.)

Headnote

Foreclosure—Service or husbard alore sufficient to bird wife ir charcert.

In an action of foreclosure brought in 1838, plaintiffs husband was served with subpoenas for himself and for plaintiff, who was a minor. Held, that the court acquired jurisdiction to proceed against both and that she was bound by the decree.

Appeal from judgment of the general term of the court of common pleas of the city of New York, overruling plaintiff’s exceptions and ordering judgment for defendants.

Isaac K Miller, for app'lt; Thos. J. Rusk, for resp’ts.

The questions of law in this case are precisely like those involved and disposed of in Feitner v. Lewis, recently decided in this court, 28 N. Y. State Rep., 255; and upon the authority of that case this judgment should be affirmed, with costs.

All concur.