Legal Opinion
Scoffield v. Loder
New York Supreme Court
Decided October 15, 1800PublishedCited by 1 opinion
On a writ of right. The tenant having vouched one Hunter, a writ of summons was issued, the service of which was irregular, or its return by the sheriff was defective, no proclamation appearing to have been made.
1Per curiam
The tenant is entitled to an alias summons The insufficient service of the first writ, or its defective return, is not imputable to him, and he ought not to be placed in a worse condition than if nihil had been returned. Let an alias issue.
Motion denied.
2Cited by1 opinion
- Seaman v. DrakeNew York Supreme Court · 1803