Haight v. Potter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Horton S. Potter, from a judgment of the. County Court of Schenectady county, entered in the office of the clerk of said county on the 3d day of March, 1916, affirming a judgment of the Justice’s Court, town of Glenville, Schenectady county, and also from an order affirming said judgment which order was entered in said clerk’s office on the same day.
1Opinion of the Court
H. T. Kellogg, J.:
In this action a Justice’s Court rendered a judgment for a sum of money in favor of a plaintiff against a defaulting defendant, not having before it a constable’s return or other *503proof showing the service of a verified complaint, without receiving proof of the plaintiff’s case, and, therefore, without complying" with the provisions of section 2891 of the Code of Civil Procedure. A Justice’s Court acquires jurisdiction to render a judgment not alone by the service of a summons, but only when, after such service, a proper return thereof has been made by a constable to the…
2Cases cited4 opinions
- Manning v. JohnsonNew York Supreme Court · 1849
- Moore v. TaylorAppellate Division of the Supreme Court of the State of New York · 1903
- International Seed Co. v. HartmannAppellate Division of the Supreme Court of the State of New York · 1901
- Zabriskie v. WilderNew York Court of Common Pleas · 1884