Mayor v. Wood
New York Court of Common Pleas
Appeal from Eleventh district court. Action by the mayor, etc., of the city of Yew York, against Walter Wood and another, for a violation of an ordinance relating to signs. Judgment for defendants, and plaintiff appeals. Code Civil Proc.
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Appeal from Eleventh district court. Action by the mayor, etc., of the city of Yew York, against Walter Wood and another, for a violation of an ordinance relating to signs. Judgment for defendants, and plaintiff appeals. Code Civil Proc. H. Y. § 1897, provides that, jn action to recover a penalty given by statute, if a copy of the complaint be not served with the summons, a general reference to the statute in the form, “according to the provisions of,” must be indorsed on the copy of the summons so delivered, adding such a description of the statute as will conveniently identify it, etc.
1Per curiam
The summons was properly indorsed. The ordinance violated is article 4 of chapter 6 of the Revised Ordinances of 1880, and not only is it particularly mentioned, but its substance is indorsed upon the summons. The defendants thus had the means of ascertaining from the summons what ordinance they were charged with having violated, and of learning the provisions of the ordinance from the indorsement upon the summons. A fuller compliance with section 1897 of the Code, as that section was construed by this court in Mayor v. Eisler, 2 Civil Proc. R. 125, could not be desired.
It is argued that the…
2Cited by1 opinion
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