Lederer v. Adams
New York Supreme Court
Appeal from special term, New York county. Motion to set aside the service of the summons in this action, brought by Samuel M. Lederer against Thomas D. Adams, on the ground that the summons was served on defendant while attending as witness before a committee of the senate. .From an order setting the service aside plaintiff appeals.
1Opinion of the CourtBrady, J.
The only difference between this case and that of Thorp v. Adams, ante, 479, decided herewith, is that the defendant was served intermediate the day of his arrival and his examination, which occurred on the 19th of May last; and the point presented is that the motion should have been denied upon the ground of the loches of the defendant in making the motion. The summons was served on the 16th of May last, and the order to show cause was not granted until the 5th of June, the affidavit on which it was founded not being verified until the 3d of June. There is no such force in this point as to…
2Cited by1 opinion
- Morrow v. DudleyDistrict Court, M.D. Pennsylvania · 1906