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16 Abb. Pr. 126

Lewis v. Graham

New York Supreme Court

Decided February 15, 1863

New York Supreme Court · decided 1863-02-15

The action was brought by Thomas Lewis against Charles Graham, Andrew and Bobert McKenna, and others. The summons had been served on the defendants McKenna by publication, and deposit in the post-office. The irregularities complained of related to errors in publication, and defects in the affidavit of service.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-02-15

How this case has been cited

Cited by 5 later decisions — most recently April 1901

5 state decisions

2018631870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sutherland, P. J.

¶1The order appealed from, so far as it denies leave to the defendants Andrew McKenna and Bobert McKenna, to come in and defend the action, is not appealable, *127especially as the order gives them leave to move under section 135 of the Code, on payment of $10 costs of the motion.

¶2The order to show cause, which brought before the court the motion in which the order appealed from was made, does not specify the grounds of irregularity, as required by the 39th rule of this court. This would have been a sufficient ground for denying the motion to set aside the judgment for irregularity, and we cannot say from the papers that the motion was not denied on that ground.

¶3The order appealed from should be affirmed, with costs.

¶4Ingeaham and Cleeke, JJ., concurred.

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