Boynton v. Keeseville Electric Light & Power Co.
New York County Courts
Appeal from justice court. Action by A. W. Boynton against the Keeseville Electric Light & Power Company. Summons was returned April 30, 1892, as served by delivering a copy to, and leaving it with, “George F. Morse, the managing agent of said company.” Defendant appeared specially by H. T. Hewitt for the purpose of objecting to the jurisdiction of the court on the ground that the summons had not been legally served.
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Appeal from justice court. Action by A. W. Boynton against the Keeseville Electric Light & Power Company. Summons was returned April 30, 1892, as served by delivering a copy to, and leaving it with, “George F. Morse, the managing agent of said company.” Defendant appeared specially by H. T. Hewitt for the purpose of objecting to the jurisdiction of the court on the ground that the summons had not been legally served. Hie objection was overruled, whereupon an answer was filed and a trial was had. There was a judgment in favor of plaintiff, and defendant appeals. The affidavit of Mr. Gardiner,…
1Opinion of the CourtMcLAUGHLIN, J.
A justice of the peace obtains jurisdiction by the personal service of a copy of the summons on the defendant. The return of the constable showing such service is prima facie sufficient to give the court jurisdiction. But, while such return is prima facie sufficient, it is not conclusive of the facts stated therein; and on the return day, and before any other steps are taken in the action, the defendant can challenge the right of the plaintiff to proceed, upon the ground that the return is false, and that the summons in fact has not been served. If the summons has not been served, or the…
2Cases cited10 opinions
- Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
- Fitch v. DevlinNew York Supreme Court · 1853
- Wheeler v. LampmanNew York Supreme Court · 1817
- New-York & Erie Railroad v. PurdyNew York Supreme Court · 1854
- Waring v. McKinleyNew York Supreme Court · 1862
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3Cited by5 opinions
- People Ex Rel. Ballin v. . SmithNew York Court of Appeals · 1906
- In re SmithAppellate Division of the Supreme Court of the State of New York · 1922
- Stephens v. MolloyAppellate Terms of the Supreme Court of New York · 1906
- American Wire & Steel Bed Co. v. GoldmanAppellate Terms of the Supreme Court of New York · 1903
- Frank v. Jaspin, New York County Courts1914