Osborn v. McCloskey
New York Supreme Court
This was an action brought to recover the sum of $201.87 on a promissory note by the above-named plaintiff against the defendants.
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This was an action brought to recover the sum of $201.87 on a promissory note by the above-named plaintiff against the defendants. The summons entitled as above was accompanied with the usual notice that on default to appear or answer, a judgment would be entered against them for the above amount, with interest from July 15, 1877. ■ The summons and notice were served on one Anna T. McCioskey at Bath Park, Long Island, on July 1,1878, and an order was obtained in her behalf to set aside the summons on the ground that as it was an action brought in the supreme court and the plaintiff had not…
1Opinion of the Court
Daniels, J.,
sustained the view of the counsel for the motion, holding the words of the section to be mandatory, and set aside the summons.
2Cited by6 opinions
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- Tucci v. RomeoAppellate Terms of the Supreme Court of New York · 1916
- Wadsworth v. GeorgerNew York Supreme Court · 1887
- MacDonald v. KieferdorfNew York Court of Common Pleas · 1892
- Drucker v. McCallumNew York Supreme Court · 1888
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