Anderson v. Horn
City of New York Municipal Court
Motion to vacate judgment and to allow the defendant, to defend on the merits. The defendant in this action was sued under the name-of John Horn. Defendant served his answer denying all the allegations of the complaint and describing himself as-John A. Horan. Service of the answer was duly admitted by plaintiff’s attorney.
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Motion to vacate judgment and to allow the defendant, to defend on the merits. The defendant in this action was sued under the name-of John Horn. Defendant served his answer denying all the allegations of the complaint and describing himself as-John A. Horan. Service of the answer was duly admitted by plaintiff’s attorney. Two days after the answer was-served, and late in the day on which the defendant’s time to answer expired, the plaintiff’s attorney returned the answer and withdrew the admission of service on the-ground that there was no action pending between the plaintiff and John A.…
1Opinion of the Court
McAdam, Ch. J.
A defendant ought to be sued in the ¡surname of his ancestors, and the Christian name given to him in baptism (Bank of Havana v. Magee, 20 N. Y. 355, 363). If the defendant is known by two names he may be sued by either (Eagleston v. Son, 5 Robt. 640), or that by which he is generally known, though not his real name (Cooper v. Burr, 45 Barb. 9), or if the real name be unknown he may be sued by a fictitious name, adding a description identifying the person intended (Code Civ. Pro. 451), such as “ the man in command of the ship Hornet ” ¡(Pindar v. Black, 4 How. Pr. 95). This…
2Cases cited4 opinions
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- Cooper v. BurrNew York Supreme Court · 1865
- Pindar v. BlackNew York Supreme Court · 1849
- Scott v. WilliamsNew York Supreme Court · 1861