Babcock v. Smith
New York Court of Common Pleas
Appeal from eighth judicial district. Action by Oscar Y. Babcock against Fay Smith. The action was commenced by the personal service of the summons and a copy of the complaint upon the defendant.
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Appeal from eighth judicial district. Action by Oscar Y. Babcock against Fay Smith. The action was commenced by the personal service of the summons and a copy of the complaint upon the defendant. Upon the return of such summons and copy of the complaint, namely, on the 12th day of May, 1892, the defendant failed to put in an appearance, and the justice heard proof of plaintiff’s cause of action, which was substantially as follows: That the plaintiff was a boarding-house keeper in the city of New York; that the defendant was a boarder, occupying a room and taking his breakfast with plaintiff;…
1Per curiam
The precise question involved in this appeal was presented in this court in the case of Searing v. Goodstein, 11 Daly, 236; and it was there held that the manner of commencing an action does not determine the question as to whether the plaintiff is entitled to have the clause, “defendant liable to execution against his person, ” inserted in the judgment; and that where, as in this case, the cause of action is for the wrongful conversion of personal property, the same is one of the actions specified in subdivision 2, § 2895, Code Civil Proc.; and consequently the justice was bound to insert in…
2Cases cited1 opinion
- Searing v. GoodsteinNew York Court of Common Pleas · 1882
3Cited by1 opinion
- Knapp v. MurphyAppellate Division of the Supreme Court of the State of New York · 1897