Szerlip v. Baier

The plaintiff recovered judgment against' the defendant by default in the Fifth District Court, October 3, 1896. The defendant moved to set the judgment aside upon the ground that the summons had not been served upon him, and that the court in consequence had no jurisdiction. The justice ordered a reference as to the facts, and upon the coming in of the report the evidence was treated as the depositions of the witnesses, and after' argument the justice granted the motion and vacated the judgment, with costs. IJpon appeal the order was reversed, with costs.- 21' Misc. Rep. 331. These costs…