Legal Opinion

Goldstein v. Goldsmith

Appellate Terms of the Supreme Court of New York

Decided July 15, 1899PublishedCited by 2 opinions

Appeal from a judgment, in favor of the plaintiff, in the Municipal Court of the city of New York, fifth district, borough of Manhattan.

1Opinion of the CourtLeventritt, J.

On the return day of the summons the defendant through his attorney, appearing specially, objected to the jurisdiction of the court on the ground that he had not been served with a copy of the summons. To support his objection he offered *570as a witness one Harry Beck, upon whom service had erroneously been made. The plaintiff, however, opposed the offer, claiming that the defendant was required to submit his own affidavit to establish the non-service. The justice directed that such an affidavit be produced. Instead of complying with the court’s order the defendant thereupon presented the…

2Cases cited4 opinions

  1. Nones v. Hope Mutual Life InsuranceNew York Supreme Court · 1850
  2. Olcott v. . MacLeanNew York Court of Appeals · 1878
  3. Ayres v. Western RailroadNew York Supreme Court · 1866
  4. Carpentier v. MinturnNew York Supreme Court · 1873

3Cited by2 opinions

  1. Delaney v. BouseAppellate Division of the Supreme Court of the State of New York · 1904
  2. Schillinger v. HerrmannAppellate Terms of the Supreme Court of New York · 1901

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