Sebring v. Stryker
New York County Courts
Appeal from justice court. Action by Charles W. Sebring against William H. Stryker. Judgment was rendered in favor of plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtRobinson, J.
This is an appeal from a judgment rendered by a justice of the peace upon default of the defendant. Affidavits and the return of the justice show that the summons was served upon the defendant while he was in attendance at a court of the said justice as a witness in a case then being tried. A subpoena duces tecum had been served on him in Chemung county, requiring the production of certain books of the Columbian Knights, a corporation of which he was an officer. The defendant was a resident of Onondaga county. The point is made that the appearance of the defendant was voluntary because, under…
2Cases cited10 opinions
- Person v. . GrierNew York Court of Appeals · 1876
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Pickard v. CollinsNew York Supreme Court · 1856
- Schoonmaker v. . SpencerNew York Court of Appeals · 1873
- Stewart v. HowardNew York Supreme Court · 1853
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3Cited by2 opinions
- Cooke v. Superior CourtCalifornia Court of Appeal · 1925
- Clapper v. Race, New York County Courts1910