Legal Opinion

Mason v. Libbey

New York Supreme Court

Decided July 15, 1876PublishedCited by 6 opinions

Motion by defendant to set aside the service of the summons and order for the examination of the defendant before trial, &c.

1Opinion of the CourtBarnard, J.

— The plaintiff was not justified in entering her mother’s house by unlocking the door without her mother’s permission to make the service in question. As against the service of civil process, the law throws around the defendant the safeguard of protection to herself and her family. I cannot accept the plaintiff’s statement that she carried the key to defendant’s house by her permission. There had been long subsisting bitter and protracted litigation between the parties. If the plaintiff did once have the key by defendant’s consent the plaintiff well knew that the right to use it had been…

2Cited by6 opinions

  1. Gumperz v. HofmannAppellate Division of the Supreme Court of the State of New York · 1935
  2. Olson v. McConiheNew York Supreme Court · 1907
  3. Bell v. LawrenceCity of New York Municipal Court · 1913
  4. Foye v. SewellNew York Court of Common Pleas · 1888
  5. Higgins v. DeweyCity of New York Municipal Court · 1890

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