Allen v. Dunlap
New York Supreme Court
THIS was an action of ejectment, brought by the plaintiffs against the defendant, to recover the possession of the school house in the district of which the plaintiffs were trustees.
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THIS was an action of ejectment, brought by the plaintiffs against the defendant, to recover the possession of the school house in the district of which the plaintiffs were trustees. The facts, as they appeared upon the trial, are briefly as follows : In February, 1862, the plaintiffs, as trustees, entered into an agreement with the defendant, in writing, whereby the defendant, in consideration of $150, agreed to build an addition to the school house and repair the house according to certain specifications, and complete the work by the 15th of May then next. The defendant entered into…
1Opinion of the Court
By the Court,
Grover, J.
An action is commenced by the service of the summons upon the defendant. (Code, § 99.) This action was not, therefore, commenced at the time the defendant offered to deliver the key to Barber, one of the trustees of the district and one of the plaintiffs in the action, although the summons had been made out and delivered to the officer to be served, prior to that time. The judge, among otlier things, charged the jury, that a tender of the key to'one of the trustees, in the absence of the others, without shoeing him to be authorized by the other trustees to receive' it,…
2Cited by1 opinion
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