Mills v. Corbett
New York Supreme Court
The irregularity upon which the defendant relied, to sustain the motion, consisted in the omission of the plaintiffs to deliver to the sheriff, at the time of issuing the attachment, a summons against the defendant. The facts in the case appear sufficiently, in the opinion of the court.
1Opinion of the Court
Harris, Justice.
An action can only be commenced by the service of a summons; such service can only be made in the *501manner prescribed in the 134th and 135th sections of the Code. In reference, however, to the statute of limitations, it is provided that the delivery of a summons to the sheriff, with the intent that it shall be actually served, shall be deemed equivalent to the commencement of the action. The 99th section, in which this provision is found, expressly limits its operation to the title relating to the time of commencing civil actions.
But it is provided by the 227th section, that the…
2Cited by6 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- White v. JohnsonOregon Supreme Court · 1895
- Johns' EstateSupreme Court of Pennsylvania · 1916
- Smith v. NicholsonNorth Dakota Supreme Court · 1896
- Wilkerson v. City of UticaNew York Supreme Court · 1969
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