Legal Opinion

Kilts v. Neahr

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905PublishedCited by 1 opinion

Appeal by the defendant, Mulford Reahr, from a judgment of the County Court of Schoharie county, entered in the office of the clerk of the county of Schoharie on the 22d day of January, 1904, affirming a judgment in favor of the plaintiff rendered by a justice ■of the pe,ace of the town of Cobleskill on the 31st day of March, 1903.

1Opinion of the Court

Houghton, J. :

While temporarily in Schoharie county the defendant was sued in Justice’s Court. Upon returning to his home he gave the *318summons tp liis lawyer with directions to defend. Instead of attending on the return day in person^ his attorney forwarded the summons, by mail to an attorney living in the locality, with ipstructions to-appear and interpose an answer and 'fix'some day for trial. By reason.'of this attorney’s absence from home, he.did not receive the ' papers until judgment had been taken against the defendant by-default. . '

The defendant pursued the'only remedy given to- him…

2Cases cited8 opinions

  1. Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
  2. Tucker v. PfauNew York Supreme Court · 1893
  3. Andrews v. . LongNew York Court of Appeals · 1880
  4. King v. SullivanAppellate Division of the Supreme Court of the State of New York · 1898
  5. Clark v. EldredNew York Supreme Court · 1889

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3Cited by1 opinion

  1. Rosenberg v. FeieringAppellate Division of the Supreme Court of the State of New York · 1908

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