Lewis v. Davis
New York Court of Common Pleas
Appeal by the defendant from a judgment in favor of plaintiff, rendered in the District Court of the city of New York for the Third Judicial District. The action was commenced by long summons.
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Appeal by the defendant from a judgment in favor of plaintiff, rendered in the District Court of the city of New York for the Third Judicial District. The action was commenced by long summons. Upon the return day the defendant, before pleading, objected to plaintiff’s proceeding on the ground,— . First, that certain costs of dismissal imposed upon plaintiff in a previous action in the same court, between the same parties, and for the same cause of action, had not been paid; and, Second, that the defendant resided in another county, and had no place of business in New York City, but had only a…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The provision in the act of 1862 (L. 1862, c. 484, p. 976, § 23) that no person who shall have a place of business in the city of New York shall be deemed a non-resident under the provisions of the act, must, in its connection with the section that nonresidents are to be sued by a short summons, be interpreted with reference to the object which the law had in requiring residents to be sued by a long summons, and non-residents by a short one. The design in fixing by statute the time that must elapse between the issuing and the return day of a summons evidently…
2Cases cited3 opinions
- Flewelling v. BrandonNew York Court of Common Pleas · 1872
- Jackson ex dem. Livingston v. EdwardsNew York Supreme Court · 1823
- Youle v. BrothertonNew York Supreme Court · 1813
3Cited by8 opinions
- Hanley v. Eastern Steamship Corp.Massachusetts Supreme Judicial Court · 1915
- Brassack v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1910
- Coward v. Moore, New York County Courts1956
- Orlikowski v. StrashAppellate Division of the Supreme Court of the State of New York · 1962
- Wetzel v. BarhiteAppellate Terms of the Supreme Court of New York · 1916
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