Legal Opinion

Jones v. Wallace

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 4 opinions

Appeal by the plaintiff, Lawrence Jones, from, a judgment of the County Court of Wayne county in favor of the defendant, entered in the office of the clerk of the county.of Wayne on the 13th day of January, 1902, reversing upon appeal' a judgment in favor of the plaintiff rendered by a justice of the peace, and granting a new trial of the action before the same justice.

1Opinion of the Court

Speing, J.:

The summons with a verified complaint attached was issued by. the justice of the peace-on the 29th day of November,. 1901, returnable on the 5th day of December, and it was duly served on the day •it was issued. Proper proof of the service of the summons and complaint was made and judgment was entered on the verified complaint for the sum demanded, the defendant not appearing. The judgment was reversed on the ground that suffipient time did not intervene the date of the service and the return day of the summons.

It is a rule of construction well settled regulating the service of…

2Cases cited1 opinion

  1. People v. . BurgessNew York Court of Appeals · 1897

3Cited by4 opinions

  1. H. E. & S. Transportation Corp. v. Checker Cab Sales Corp.New York Court of Appeals · 1936
  2. Pomeranz v. MoreCity of New York Municipal Court · 1946
  3. People ex rel. Hart v. GoodrichAppellate Division of the Supreme Court of the State of New York · 1904
  4. Uptown Transportation Corp. v. Fisk Discount Corp.New York Supreme Court · 1934

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