Kilts v. Neahr
Appellate Division of the Supreme Court of the State of New York
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
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Tucker v. PfauNew York Supreme Court · 1893
- Andrews v. . LongNew York Court of Appeals · 1880
- King v. SullivanAppellate Division of the Supreme Court of the State of New York · 1898
- Clark v. EldredNew York Supreme Court · 1889
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3Cited by1 opinion
- Rosenberg v. FeieringAppellate Division of the Supreme Court of the State of New York · 1908