Ward v. Sands

The weight of evidence is against the defendant on the question of the service of the summons. Nor is the summons void. The place of trial was sufficiently specified. The words ucity and county of New York” were always deemed sufficient in the caption of a complaint. There is no reason why they should not now answer as well in the caption of a summons. But the judgment was entered without jurisdiction and is wholly void for the want of a verified complaint or proof of the demand. The clerk entered a judgment for $4,152.21 upon a mere summons. After the order to show cause why this judgment…