Stephens v. Molloy
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant rendered in the Municipal Court of the city of Mew York, second district, borough of the Bronx.
1Opinion of the CourtDavis, J.
The plaintiff attempted to serve his summons and verified complaint in this action December 19, 1905, by substitution under an order granted December 18, 1905. By .he terms of the summons it was made returnable December 38, 1905. Under section 4 of the Municipal Court Act (L. 1902, ch. 580) the order allowing substituted service and the papers upon which the order is granted must be filed not less than six days before the return day of the summons, otherwise the order becomes inoperative. It is admitted that the older and papers on which it was granted were not filed .vithin the required…
2Cases cited6 opinions
- Harkness v. HydeSupreme Court of the United States · 1879
- Jones v. . JonesNew York Court of Appeals · 1888
- Reed v. . ChilsonNew York Court of Appeals · 1894
- Avery v. SlackNew York Supreme Court · 1837
- Boynton v. Keeseville Electric Light & Power Co., New York County Courts1893
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3Cited by8 opinions
- In re SmithAppellate Division of the Supreme Court of the State of New York · 1922
- Urquhart v. UrquhartNew York Supreme Court · 1949
- Dorfman v. Hassett, New York County Courts1946
- Queck-Berner v. SpannAppellate Terms of the Supreme Court of New York · 1916
- Frank v. Jaspin, New York County Courts1914
3 more not listed; retrieve them via the Exa API.