Akin v. Albany Northern Railroad
New York Supreme Court
Motion to set aside judgment for irregularity. The action was brought to obtain a specific performance. The suit was originally commenced against the Albany Northern Railroad Company as sole defendant.
Read the full summary
Motion to set aside judgment for irregularity. The action was brought to obtain a specific performance. The suit was originally commenced against the Albany Northern Railroad Company as sole defendant. The plaintiff alleged in his complaint that, on the 23d of July, 1852, he conveyed to the defendant a right of way over his land for the track of its road; and that, in and by the conveyance, the defendant covenanted and agreed to construct and maintain, over its road, certain crossings for the use of the plaintiff; and, although the defendant had accepted the conveyance and taken possession of…
1Opinion of the Court
Harris, Justice.
“ Civil actions, in the courts of record of this state, shall be commenced by the service of a summons.” This is the mandate of the legislature ; and I know of no other mode of bringing a party into court against his will. Until served with process, the court has no jurisdiction over him: *339and yet, in this case, we have three persons made defendants in an action, and that action brought to trial, and final judgment rendered against them, without service of process, or any other notice except that an application would be. made for leave to sue them. *
The record of the judgment…
2Cases cited1 opinion
- Wilbur v. AlmySupreme Court of the United States · 1852
3Cited by5 opinions
- Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1896
- Anaud Viuda de Blanco v. MuñozSupreme Court of Puerto Rico · 1926
- Anaud-Blanco v. District Court of San JuanSupreme Court of Puerto Rico · 1926
- Fassett v. TallmadgeNew York Supreme Court · 1862
- Heffern v. HuntAppellate Division of the Supreme Court of the State of New York · 1886