Anderson v. Horn
City of New York Municipal Court
At chambers. Action by Mary A. Anderson against John Horn. After the answer had been served, and plaintiff’s attorneys had admitted service, they returned the answer because defendant was described as John A. Horan, stating that they had no such suit in their office, and, receiving no reply, proceeded in the usual six days to enter judgment in favor of plaintiff. Defendant now moves to vacate the judgment, and all subsequent proceedings.
1Opinion of the CourtMcAdam, C. J.
A defendant ought to be sued in the surname of his ancestors, and the Christian name given to him in baptism. Bank v. Magee, 20 N. Y. 355, 363. If the defendant is known by two names, he may be sued by either, (Eagleston v. Son, 5 Rob., N. Y., 640,) or that by which he is generally known, though not his real name, (Cooper v. Burr, 45 Barb. 9;) or, if the real name be unknown, he may be sued by a fictitious name, adding a description identifying the person intended, (Code Civil Proc. § 451,) such as “the man in command of the ship Hornet,” (Pindar v. Black, 4 How. Pr. *995.) This liberality in…
2Cases cited3 opinions
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- Cooper v. BurrNew York Supreme Court · 1865
- Pindar v. BlackNew York Supreme Court · 1849