Canelli Wine Co. v. Tassi

Whitaker, J. (dissenting).

Appellants submit affidavits that they were never served with summonses. Respondent submits counter affidavits to the effect that the summons was served upon one of the defendants, James Tassi. Appellants base their contention that an appeal is proper upon the provisions of section 311 of the Municipal Court Act, which provides as follows:

*577“An appeal must be taken within twenty days after the entry of the judgment, order or final order in the docket, except that where a defendant appeals from a judgment rendered in an action wherein he did not appear and the summons…