Clapp v. . Graves

The statute required that the defendant should be proceeded against by a summons returnable not less than two nor more than four days from its date, and it is declared "if such defendant be proceeded against otherwise, the justice shall have no jurisdiction of the cause." (Sess. L., 1831, ch. 300, § 33.) Section 47 makes this section applicable to the Marine Court of the city of New York. The cause of action in this case, was one of those in which the Marine Court had jurisdiction. As the statute prescribes the kind of summons by which the action shall be commenced, and as the statute was not…