A. B. C. Steel Equipment Co. v. A. H. Schreiber Co.

In this action to recover balance alleged to be due for work, labor and services plaintiff appeared in person, and the summons was signed, not by the clerk of the court as required by section 19 of the Municipal Court Code in the absence of signature by plaintiff’s attorney, but by the plaintiff in its own name.

Notwithstanding the apparent defect in the process, the defendants appeared generally and answered and subsequently demanded a bill of particulars.

After plaintiff noticed the cause for trial defendants’ attorneys moved to dismiss on the ground that “ the plaintiff, a corporation, had…