Wiggins v. Richmond
New York Supreme Court
This was an action brought to foreclose a mortgage by the above-named plaintiffs and others against the defendants. The summons, entitled as above, was accompanied by a notice of no personal claim, which was served upon the defendant, James M. Higby, whose name appeared in the notice, but not in the summons. The summons also failed to specify the office, post-office address or street number of the plaintiffs’ attorney, and no reference thereto was made in the notice.
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This was an action brought to foreclose a mortgage by the above-named plaintiffs and others against the defendants. The summons, entitled as above, was accompanied by a notice of no personal claim, which was served upon the defendant, James M. Higby, whose name appeared in the notice, but not in the summons. The summons also failed to specify the office, post-office address or street number of the plaintiffs’ attorney, and no reference thereto was made in the notice. Defendant, J ames M. Higby, moved to set aside summons as irregular, the appearance indorsed on the papers being restricted to…
1Opinion of the Court
Mullin, J.,
held that the words of section 417 are not mandatory, and allowed plaintiffs to serve amended papers within twenty days.
2Cited by6 opinions
- Hull v. Canandaigua Electric Light & RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Hober v. ReikertAppellate Terms of the Supreme Court of New York · 1916
- Siccardi v. AjelloNew York Supreme Court · 1921
- Sullivan v. HarneyNew York Supreme Court · 1907
- Drucker v. McCallumNew York Supreme Court · 1888
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