Martin v. Goldstein
City of New York Municipal Court
Action by Bernard F. Martin against David Goldstein. Defendant moves to dismiss for want of jurisdiction over defendant’s person.
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Action by Bernard F. Martin against David Goldstein. Defendant moves to dismiss for want of jurisdiction over defendant’s person. The action was commenced by the service of a summons April 9, 1896, in the ensuing form, viz.: Monroe County, City of Rochester—ss.: The People of the State of New York to Any Constable of said City or County: We command you to summon David Goldstein, defendant, to appear before the municipal court of the city of Rochester, to be held in the city hall, third floor, in said city, on the 18th day of April, 1886, at nine o’clock in the forenoon, to answer the…
1Opinion of the Court
The service was absolutely void. The court of errors (Chief Justice Bronson) holds, as to Seventh Day Baptists,—who, in the particular at issue, stand precisely where the Jew does,—that the statute provides, “in substance, that no writ, process, warrant, order, judgment, decree, or other proceeding, shall be served or executed on the seventh day of the week, commonly called Saturday, upon any person who keeps that day as the Sabbath. Cases of breaches of the peace, and the apprehension of persons charged with crimes and misdemeanors, are excepted. The service of any such proceeding in all…
2Cases cited1 opinion
- Maxson v. AnnasCourt for the Trial of Impeachments and Correction of Errors · 1845