Bernhard v. Rice
New York Supreme Court
Appeal from special term. Action by Charles Bernhard and others against R. 0. Rice. On defendant’s motion tlie service of summons on him was set aside, and, in addition to tlie $10 costs of the motion, he was awarded the costs of the action. Plaintiffs appeal.
1Opinion of the CourtDwight, P. J.
That portion of the order appealed from was clearly un- • authorized. The summons was set aside for want of jurisdiction, it being made clearly to appear that the defendant, who was a resident of Ohio, had come within this state solely for the purpose of attending as a witness upon tlie trial of an action in tlie supreme court, and was so attending at the time tlie service in question was made upon him. He made no appearance in tile action except for tlie purpose of tlie motion to set aside the summons, $ind in tlie notice of such motion he asked only for the costs of the motion. Of course,…
2Cases cited2 opinions
- People ex rel. Mallard v. Judges of Madison CountyNew York Supreme Court · 1827
- Ex parte BensonNew York Supreme Court · 1827