Legal Opinion

Lindsay v. Tansley

New York Supreme Court

Decided April 13, 1892PublishedCited by 7 opinions

Appeal from Genesee county court. Action by John Lindsay against L. S. Tansley. From a judgment of the county court affirming a judgment for plaintiff rendered by a justice of the peace, defendant appeals.

1Opinion of the CourtMacomber, J.

This action was brought upon a promissory note executed by the defendant. The summons of the justice of the peace was properly served upon the defendant on the 26th day of June, 1891, and was returnable on the 6th day of July of that year. The defendant made default before the justice of the peace, and judgment was accordingly taken against him upon proper evidence. On appeal to the county court the point was made for the first time for the counsel for the defendant that inasmuch as the return of the justice of the peace showed that the summons was issued on the 22d day of June, 1891, more…

2Cited by7 opinions

  1. Warring v. Keeler, New York County Courts1895
  2. Denovsky v. Bach, New York County Courts1916
  3. Epstein v. ProsserAppellate Division of the Supreme Court of the State of New York · 1909
  4. Schofield v. PowellDistrict Court, D. Alaska · 1915
  5. Epstein v. Prosser, New York County Courts1908

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