Richmond Sales Co. v. Morris
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Richmond Sales Company, from a judgment of the County Court of Nassau county in favor of the defendant, entered in the office of the clerk of said county on the 4th day of January, 1913, affirming a judgment of a justice of the peace of the town of Hempstead dismissing the complaint herein.
1Opinion of the Court
Putnam, J.:
This appeal is over a point of practice in a Justice’s Court. The present summons was signed and issued on October 2, 1912, but through an error in the typewritten forms presented by plaintiff’s attorney was not so dated. Defendant was to ■ appear on October fourteenth, and the summons concluded: “ Given under my hand this 2nd day of Sept., 1912,” followed by signature of the justice of the peace.
Upon the return day defendant moved to dismiss upon the ground that the summons did not comply with section 2877 of the Code of Civil Procedure. After offers of proof the justice by…
2Cases cited5 opinions
- Cornell v. MoultonNew York Supreme Court · 1846
- Arnold v. MaltbyNew York Supreme Court · 1847
- Bradbury v. Van NostrandNew York Supreme Court · 1865
- Chapman v. GoodrichSupreme Court of Vermont · 1883
- Talcott v. RosenbergNew York Court of Common Pleas · 1870