Elder v. Morse

Young, J.:

It appears by the affidavit of plaintiff’s attorney on his motion to amend the summons that the summons was originally drawn n *633the City Court of the City of New York and directed defendant to answer within six days after service; that efforts to serve this summons failed, and in order to procure an order for substituted service it was necessary to bring the action in the Supreme Court, and, therefore, the summons was changed to that court, but, through inadvertence, it was left returnable in six days instead of twenty days, as required in the Supreme Court.

After defendant had been…