Lenham Mercantile Co. v. Herke

The views this court entertains as to the merits of this motion permits it to brush aside all technical objections relating to matters of practice and address itself to the question of the right of the moving party to the writ asked.

On July 10, 1906, Timothy Lavelle as justice of the peace for the town of West Seneca, Erie county, N. Y., upon the application of the Lenham Mercantile Company, issued his summons in a civil action against the defendant, Fred Herke, returnable before the justice at his office on the 18th day of July, 1906. The original summons seems to have been regular in all…