Schoffel v. Goodstein

Section 418 of the Code of Civil Procedure provides that a summons must call upon the defendant to answer within twenty days of the date of its service. The plaintiff brought an action against the defendant in this court upon a summons which called upon the defendant to answer within six days of the date of service, apparently confusing the jurisdiction of this court with that of the City Court of the city of New York. Within fifteen days after the service of the summons upon the defendant the plaintiff obtained a judgment upon an inquest held before a sheriff’s jury pursuant to a writ issued…