Legal Opinion

Yorks v. Peck

New York Supreme Court

Decided March 5, 1860PublishedCited by 2 opinions

THIS was an appeal from a judgment entered on the report of a referee. The action was brought to recover of the defendant three several penalties of $50 each, for violation of section 70 of title 2, part 3, ch. 3, and art. 3 of the revised statutes, (3 R. S; 477,5th ed.) which is as follows, viz: “If any attorney or solicitor shall knowingly permit any person, not being his general law partner, or a clerk in his office, to sue out any process, or to prosecute or defend any…

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THIS was an appeal from a judgment entered on the report of a referee. The action was brought to recover of the defendant three several penalties of $50 each, for violation of section 70 of title 2, part 3, ch. 3, and art. 3 of the revised statutes, (3 R. S; 477,5th ed.) which is as follows, viz: “If any attorney or solicitor shall knowingly permit any person, not being his general law partner, or a clerk in his office, to sue out any process, or to prosecute or defend any action in his name, such attorney and solicitor, and every person who shall so use the name of any attorney or solicitor,…

1Opinion of the Court

By the Court, Johnson, J.

I have no doubt whatever, that a subpoena is a process, within the meaning of the statute under which this action is brought. (2 R. S. 287, § 70.) The language is “any process,” and was obviously intended to include any and every process which, by being served upon the party named in it, would give the court or officer before whom any proceeding was had, jurisdiction over such person. This would include a subpoena, which has always been regarded as a process.

It was strenuously contended by the defendant’s counsel, upon the argument, that inasmuch as it was shown that…

2Cited by2 opinions

  1. Lowther v. LowtherAppellate Division of the Supreme Court of the State of New York · 1906
  2. Ballon v. RitiAppellate Division of the Supreme Court of the State of New York · 1933

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