Legal Opinion

Slater v. Jackson

Appellate Terms of the Supreme Court of New York

Decided January 15, 1899Published

Appeal from a judgment rendered in favor, of the defendant in the Municipal Court of the city of Eew York, borough of Manhattan, eighth district.

1Per curiam

The justice below rendered judgment in favor of the defendant dismissing the case on the ground that the summons was served on the 4th day of July, which was a legal holiday, holding that the service of process on that day was illegal. In this he erred. Didsbury v. Van Tassell, 56 Hun, 423. In that case the summons was served on Christmas day, and the service was sustained as valid. At page 426 the court says: “It would have been easy to prohibit the commencement of actions and the tran*784saction of legal business upon holidays and make them Sundays for all purposes, but it was not done, and the…

2Cases cited2 opinions

  1. Didsbury v. Van TasselNew York Supreme Court · 1890
  2. In re BornemannAppellate Division of the Supreme Court of the State of New York · 1896

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