Ceas v. Pease

O’Connor, J

This is an appeal from a judgment by default rendered by the justice in favor of the plaintiff against the defendant. The sole ground of the appeal is that the summons which was served upon the defendant was not in conformity with section 45 of the Justice Court Act.

The summons reads as follows:

“ County of Delaware Town of Kortright

ss:

“ The People of the State of New York, to any Constable of said County,

“ Greeting:

“ YOU ARE HEREBY COMMANDED TO SUMMON Jerome Pease, the defendant, to appear before the undersigned, a Justice of the Peace ©f said Town at his office in said Town on the…