Proctor v. Whitcher
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles F. Whitcher, from a judgment of the County Court of St. Lawrence county in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 20th day of February, 1896, upon the decision of the court affirming a judgment rendered by a justice of the peace.
1Opinion of the Court
Per Curiam :
The defendant appeared by attorney specially and only for the purpose of moving to set aside the warrant of attachment, because the summons was not properly served, and because of the insufficiency of the affidavit upon which the attachment was issued. The *228constable made separate returns of the service of the summons and of the attachment. He returned that on August 3, 1896, he “ served the within summons on the defendant, Charles F. Whitcher, at the town of Waddington, by delivering to and leaving with Joseph G. Taylor, his agent, personally, a true copy thereof.” He made return…
2Cited by2 opinions
- Bell v. MoranAppellate Division of the Supreme Court of the State of New York · 1898
- Morse v. McQuade, New York County Courts1907