Epstein v. Prosser
New York County Court, Steuben County
Appeal from Justice Court. Action in Justice Court by Barney Epstein against Philip Prosser. Judgment by default for plaintiff, and defendant appeals.
1Opinion of the CourtBurrell, J.
The summons in this action was issued on the 28th day of December, 1907, returnable January 7, 1908, and was personally served on the defendant on the 30th day of December, 1907, as appears by the return of the constable on the original summons. The principal ground relied upon by the appellant is the error in the year in which the summons was made returnable; the year in the summons being 1907, when it should have been 1908.
It was the intention of the justice to make the summons returnable before him on January 7, 1908. Indeed, he states in the return that he did so make it. But the original…
2Cases cited7 opinions
- Schoonmaker v. . SpencerNew York Court of Appeals · 1873
- Bishop v. DonnellMassachusetts Supreme Judicial Court · 1898
- Arnold v. MaltbyNew York Supreme Court · 1847
- Lindsay v. TansleyNew York Supreme Court · 1892
- Bell v. MoranAppellate Division of the Supreme Court of the State of New York · 1898
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