Sawyer v. Schoonmaker
New York Supreme Court
Motion to set aside complaint on the ground that the summons is not endorsed as required by statute (2 R. S. 481, §7), and that the folios are not numbered or marked, pursuant to rule 44. The action is for penalties for violations of the excise law. The summons and complaint were served together, pursuant to the Code. The motion is founded on two affidavits, either of which exceeds two folios in length, which folios are not marked or numbered.
1Opinion of the Court
Welles, Justice.
It is objected, on the part of the plaintiff, that the folios of the affidavits upon which the motion is founded, are not distinctly numbered and marked, as required by the rule. The objection is true, in point of fact, and although quite technical, is not more so, than the grounds of the motion. The complaint was served with the summons. The former contained, a proper reference to the statute under which the penalties are *199claimed to have been incurred. There is, therefore, no color of merits in the motion; and when a party comes into court demanding strict practice, on purely…
2Cited by5 opinions
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