Decker v. Ekelman

- Tatlor, J.

The above-entitled action was' commenced in the City Court of the city of- Elmira, by-the service of a summons upon the defendant by the-plaintiff in person, who, at the time of-such service, was a constable of the city of Elmira. The plaintiff, as constable, made a proper return upon the said summons, and on the return day thereof, the.defendant failing to appear, the-plaintiff made proof of his cause of action, and judgment was rendered by said .City Court against said defendant -on default in tort. The defendant did not appeal from said judgmént, and after the expiration of…