Haight v. Potter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Horton S. Potter, from a judgment of the. County Court of Schenectady county, entered in the office of the clerk of said county on the 3d day of March, 1916, affirming a judgment of the Justice’s Court, town of Glenville, Schenectady county, and also from an order affirming said judgment which order was entered in said clerk’s office on the same day.
1Dissent
John M. Kellogg, P. J. (dissenting):
The constable’s return before the justice at the time he entered judgment showed proper service of the summons. He, therefore, had complete jurisdiction of the case. If any mistake was made, it was not with reference to the jurisdiction of the court to hear the case and enter judgment, but in the entry of judgment upon the complaint under sections 2936 and 2988 of the Code of Civil Procedure, without evidence. The error of the justice, if any, was in assuming that a return of personal service of the summons carried with it the conclusion that the complaint,…
2Cases cited4 opinions
- Dunford v. . WeaverNew York Court of Appeals · 1881
- People v. . FlackNew York Court of Appeals · 1915
- Brown v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1915
- Donnelly v. McArdleAppellate Division of the Supreme Court of the State of New York · 1912