Cole v. Phelps

This action was commenced by the service of a summons issued by D. B. Wright, justice of the peace of the town of Hancock, N. Y., and served upon the defendant George Phelps in the town of 'Sidney, N. Y., returnable on Saturday, November 29, 1930, at two o’clock in the afternoon. On the return day the plaintiff appeared in person and by his attorney, Vincent N. Elwood, of Hancock, N. Y.; the defendant appeared specially by his attorney, Herbert C. Kibbe, of Sidney, N. Y., and objected to the jurisdiction of the court upon the ground that the summons was returnable on Saturday afternoon, a…