Rickey v. Christie
New York Supreme Court
Appeal from a judgment of tbe County Court of Cbemung county, affirming the judgment of a Justice’s Court. From the justice’s return it appears “that on the 7th day of July, 1884, a suit was commenced by the plaintiff in Horseheads, in Chemung county, by a summons issued on that day in favor of the plaintiff against the defendant, returnable July 14, 1884, at twelve o’clock at noon.”
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Appeal from a judgment of tbe County Court of Cbemung county, affirming the judgment of a Justice’s Court. From the justice’s return it appears “that on the 7th day of July, 1884, a suit was commenced by the plaintiff in Horseheads, in Chemung county, by a summons issued on that day in favor of the plaintiff against the defendant, returnable July 14, 1884, at twelve o’clock at noon.” It appears the summons was returned, personally served, July 8,1884, with the constable’s “return duly indorsed thereon.” “At the time and place last mentioned (fourteenth) the parties appeared, the plaintiff by…
1Opinion of the Court
Hardin, P. J.:
By personal service of summons upon the defendant, as shown by the summons and the constable’s return thereon, the justice obtained *280jurisdiction of the person of the defendant, and over the subject-matter of the action.
In Barnes v. Harris (4 N. Y., 376), GARDNER, J., says : “It may be assumed as a principle to which, it is believed, there is no exception, that a court having authority to issue a process acquires jurisdiction of the person of the defendant, prima, facie, by a personal service of that process upon him in the manner required by law.’
The same doctrine is followed…
2Cases cited10 opinions
- Schoonmaker v. . SpencerNew York Court of Appeals · 1873
- Sperry v. . ReynoldsNew York Court of Appeals · 1875
- Ackerman v. FinchNew York Supreme Court · 1836
- Davis v. MarshallNew York Supreme Court · 1852
- Lester v. CraryCourt for the Trial of Impeachments and Correction of Errors · 1845
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