Abeel v. Conhyser
New York Supreme Court
Action for assault and battery; summons and complaint issued November 25, 1871, against Eugene Conhyser and Edward Winslow, and on that day placed in the hands of the sheriff of Montgomery county. On that day the sheriff served the summons and complaint on defendant Winslow and on John H. Conhyser.
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Action for assault and battery; summons and complaint issued November 25, 1871, against Eugene Conhyser and Edward Winslow, and on that day placed in the hands of the sheriff of Montgomery county. On that day the sheriff served the summons and complaint on defendant Winslow and on John H. Conhyser. On the 27th of November, the .plaintiff saw John H., and informed him that he was not claimed to be a defendant, and that there was no intention on his part to hold him as a party to this action. After that, and on the same day the said John H. Conhyser retained F. F. Wendell, Esq., who drew and…
1Opinion of the CourtHardin, J.
It is clear, that only such persons as are named in the summons and pleadings in an action can be deemed “parties” to the action (16 Abb., 1; 16 How., 144).
The only information furnished to the sheriff as to who were parties to this action was contained in the summons and complaint, and it was his duty to be governed by the papers placed in his hands, and it was his duty to make service thereof upon the persons named in the process and papers delivered to him for service (4 How., 97; 8 Wend., 474; 9 John., 117; 32 Barb., 279, opinion of Allen, J.) The service of the summons and complaint in…
2Cases cited8 opinions
- Farnham v. HildrethNew York Supreme Court · 1860
- Adams v. Law Ex Rel. RobinsonSupreme Court of the United States · 1854
- Scott v. ElyNew York Supreme Court · 1830
- Mead v. HawsNew York Supreme Court · 1827
- Adams v. FreemanNew York Supreme Court · 1812
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