Dalton v. Mills
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by Margaret Dalton against Marion Mills. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtMcCALL, J.
This action was begun by the service of a summons pursuant 'to an order obtained upon application of the plaintiff, authorizing substituted service thereof. On the return day of the summons the defendant’s attorney appeared, and before proceeding to the trial of the cause moved to set aside the service of the summons upon the ground that the order for said substituted service and the papers upon which it was granted were not filed six days before the return day of the summons, as required by section 34 of the Municipal Court Act (Laws 1902, p. 1501, c. 580). This motion was denied, and the…
2Cases cited4 opinions
- Leavitt v. KatzoffAppellate Terms of the Supreme Court of New York · 1904
- Kendall v. WashburnNew York Supreme Court · 1857
- Whiton v. Morning Journal Ass'nNew York Supreme Court · 1898
- Leverson v. ZimmermanAppellate Terms of the Supreme Court of New York · 1900
3Cited by3 opinions
- Sills v. GaffneyAppellate Terms of the Supreme Court of New York · 1905
- New York Leasing Co. v. O'BrienAppellate Terms of the Supreme Court of New York · 1908
- Thompson v. RawlstonAppellate Terms of the Supreme Court of New York · 1909