Nichols v. Fanning
New York County Courts
Appeal from a judgment of a Justice’s Court in favor of the plaintiff, taken upon a default.
1Opinion of the CourtReeve, J.
This is an appeal from a judgment in Justice’s Court taken by a default. It appears from the record and from a copy of the summons served upon the defendant that the summons was issued December 21, 1896, and that the copy served upon the defendant made it returnable on the 2d day of January, 1896. It also appears that the defendant, even if the copy had been in accordance with the original, which "made the return on January 2, 1897, was not served until December 29, 1896, and, therefore, was-only served four days before the return day. I am of the opinion that this court, under section 3064…
2Cases cited7 opinions
- Bissell v. HopkinsNew York Supreme Court · 1824
- Wheeler v. LampmanNew York Supreme Court · 1817
- Peck v. LaRoche & SonSupreme Court of Georgia · 1890
- Stewart v. SmithNew York Supreme Court · 1837
- New-York & Erie Railroad v. PurdyNew York Supreme Court · 1854
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3Cited by2 opinions
- People v. De VastoAppellate Division of the Supreme Court of the State of New York · 1921
- Denovsky v. Bach, New York County Courts1916