Union Distilling Co. v. Ruser — 40 N.Y. St. Rep. 690

Majority

p. 690

The Union Distilling Company, Resp’t, v. Henry Ruser, App’lt

(Supreme Court, General Term, First Department,

Filed October 16, 1891.)

Headnote

Attachment—Publication of summons.

An order of publication required the summons to be published in three-papers. It was published in two of them on the 30th day after the granting of an attachment, but was not published in the other, the New York Law Journal, until the following day. Held, that the publication was-not commenced within thirty days, and-the attachment fell.

Appeal from order denying motion to vacate attachment.

L. Ruser, for app’lt; S. E, Duffey, for resp’t.

The attachment having been granted in this case on the 2d of May, 1891, an order of publication was made on June 1, 1891,'requiring the summons to be published in the Evening Post and Evening Sun and the N. Y. Law Journal. The summons was published in the Evening Post and the Evening Sun on the same day; but was not published in the Law Journal until the following day, more than thirty days after the granting of the attachment The first publication of the summons as required by the order of publication was not commenced within thirty days after the granting of the attachment and the attachment therefore fell. Taylor v. Troncoso, 76 N. Y., 599 .

The order should be reversed, with ten dollars costs and disbursements, and the motion granted.

Van Brunt, P. J., Daniels and Ingraham, JJ., concur.