Tracy v. Reynolds & Tucker
New York Supreme Court
Motion to dismiss complaint. A summons and complaint was served on the defendant Reynolds in December 1850. No summons was served on the defendant Tucker, but on the 12th day of December 1850, he voluntarily appeared by his attorneys, and served a notice of appearance and demanded a copy of the complaint. The object of the suit was to reach the surplus moneys arising from the sale of mortgaged premises under a statute foreclosure.
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Motion to dismiss complaint. A summons and complaint was served on the defendant Reynolds in December 1850. No summons was served on the defendant Tucker, but on the 12th day of December 1850, he voluntarily appeared by his attorneys, and served a notice of appearance and demanded a copy of the complaint. The object of the suit was to reach the surplus moneys arising from the sale of mortgaged premises under a statute foreclosure. The plaintiff, having ascertained that the sale had not been completed, several months before notice of this motion was given, discontinued the suit as against…
1Opinion of the Court
Harris, Justice.
The 274th section of the Code declares that the court may dismiss a complaint with costs, in favor of one or more defendants, in case of unreasonable neglect, on the part of the plaintiff, to serve the summons on other defendants, or to proceed in the cause against the defendants served. Neither of the things specified has occurred in this case. There has been no omission to serve the summons upon any party other than the defendant who makes this application, nor has there been any omission to proceed against any party who has been served with a summons.. There is nothing,…
2Cases cited2 opinions
- Waffle v. VanderheydenNew York Court of Chancery · 1839
- Beggs v. ButlerNew York Court of Chancery · 1841
3Cited by6 opinions
- Weidman v. SibleyAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Arbitration between Ladin & D. & C. Textile Corp.Appellate Division of the Supreme Court of the State of New York · 1963
- Weidman v. SibleyAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Arbitration between Ladin & D. & C. Textile Corp.Appellate Division of the Supreme Court of the State of New York · 1963
- In re the Estate of WesturnAppellate Division of the Supreme Court of the State of New York · 1896
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