Cox v. New York Central & Hudson River Railroad
New York Supreme Court
APPEAL, by the plaintiff, from an order setting aside the summons in the action. The facts appear sufficiently in the opinion.
1Opinion of the Court
By the Court, Johnson, J.
The summons was set aside on motion, for the reason' that the reference to the statute, required by 2 B. S. 481, § 7, was not indorsed thereon.
The action was brought to recover a penalty given by the “Act to prevent extortion by railroad companies,” passed in 1857. The summons and complaint were served together, when the action was commenced. They were printed' together, on the same sheet of paper, and served in that way. There was no reference to the statute indorsed upon the summons, but the complaint set out fully the cause of action, and contained the reference to…
2Cases cited2 opinions
- Thayer v. LewisNew York Supreme Court · 1847
- Sawyer v. SchoonmakerNew York Supreme Court · 1853
3Cited by6 opinions
- Brown v. PondDistrict Court, S.D. New York · 1880
- Bissell v. New York Central & Hudson River RailroadNew York Supreme Court · 1872
- People v. BullThe Superior Court of New York City · 1877
- Bissell v. New York Central & Hudson River RailroadNew York Supreme Court · 1872
- Prussia v. GuentherNew York Supreme Court · 1885
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