Newcombe v. Cohn
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Mew York, eighth district, borough of Manhattan.
1Per curiam
It is clear that the defendant Cohn was a nonresident of this State when he was served with the summons. Section 1298 of the Mew York City Consolidation Act (L. 1882, ch. 410) requires that when the defendant or either of several defendants in a Municipal Court is not a resident of the city, the summons must he returnable in not less than two nor more than four days from its date. The summons in this case did not comply with this requirement, being returnable ten days after its date. Under such a summons the Municipal Court never acquired jurisdiction to award any judgment against the…
2Cases cited2 opinions
- Allison v. T. A. Snider Preserve Co.Appellate Terms of the Supreme Court of New York · 1897
- Willins v. WheelerNew York Supreme Court · 1859
3Cited by1 opinion
- Barth v. OwensCity of New York Municipal Court · 1942