Leighty v. Tichenor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nimrod B. Tichenor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office afjjpderk of the county of New York on the 15th day of January, 1915, upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
Smith, J.:
This is a suit on a judgment rendered in Missouri in 1904 against this defendant. The contention of the defendant is that the original judgment is not binding because of the failure to effect proper service on him. The judgment was a personal one for the recovery of a sum of money. The service of the summons was a substituted one. The Missouri statute prescribing the method of service is as follows:
“A summons shall be executed, except as otherwise provided by law, either: First, by reading the writ to the defendant and delivering to him a copy of the petition; or, second, by…
2Cases cited3 opinions
- Feurt v. CasterSupreme Court of Missouri · 1903
- Laney v. GarbeeSupreme Court of Missouri · 1891
- Runk v. ThomasAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Rawstorne v. MaguireAppellate Division of the Supreme Court of the State of New York · 1934