¶1We think the court acquired jurisdiction, that the facts alleged in the affidavit were sufficient to justify a finding that the defendant could not with due diligence be found within .this State, and that the sale under the judgment was, therefore, valid. It follows that judgment must.be directed for the plaintiff, but,-under the stipulation, without costs. Present—Ingraham, McLaughlin, Clarke, Houghton and Lambert, JJ. Judgment for plaintiff, without costs. Settle order.on notice. ■
120 A.D. 874
Sinnott v. Ennis
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1907
Appellate Division of the Supreme Court of the State of New York · decided 1907-06-15
<p>Submission of a controversy upon an agreed statement of facts.</p>
Decided 1907-06-15