Woodruff v. Austin
Appellate Terms of the Supreme Court of New York
. Appeal by defendant from affirmance by the General' Term of the Gity Court .of an order denying' a motion made by the defend- • ant to set aside the service of a summons bn the ground that, being a resident of Massachusetts, he was within the city of New York for the purpose of giving his testimony as a witness in an action here when the summons was served upon him. • Motion by plaintiff, respondent, to dismiss the appeal on the • ground that after the .denial of the…
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. Appeal by defendant from affirmance by the General' Term of the Gity Court .of an order denying' a motion made by the defend- • ant to set aside the service of a summons bn the ground that, being a resident of Massachusetts, he was within the city of New York for the purpose of giving his testimony as a witness in an action here when the summons was served upon him. • Motion by plaintiff, respondent, to dismiss the appeal on the • ground that after the .denial of the defendant’s' motion he gave' general notice of appearance in the action, demanding a copy of the complaint which was served…
1Opinion of the Court
Daly, P. J,
The defendant is a resident of Massachusetts, and was served with a summons in this state on November 14, 1895. He moved to set aside'such service, which motion was denied by an order dated November 29, 1895. Subsequently, and on Decern- ' ber 12, 1896, he served notice of appearance in writing, containing a demand of a copy of the complaint. “A voluntary general ap-' peárance of the defendant is equivalent to. a personal service of the summons upon .him” (Code, § 424), and since the'.court ' has acquired jurisdiction by voluntary appearance^ it is > unnecessary to consider the…
2Cases cited3 opinions
- People Ex Rel. Geer v. Common Council of TroyNew York Court of Appeals · 1880
- Reed v. . ChilsonNew York Court of Appeals · 1894
- Hankinson v. PageU.S. Circuit Court for the District of Southern New York · 1887
3Cited by10 opinions
- Governor Siegelman v. Alabama Assn., S. Bds.Supreme Court of Alabama · 2001
- Caldwell v. LovelessAlabama Court of Appeals · 1920
- Ex Parte HopperSupreme Court of Alabama · 1999
- Mack v. American Express Co.New York Supreme Court · 1897
- Florence Surgery Center, L.P. v. Eye Surgery Center of Florence, LLCCourt of Civil Appeals of Alabama · 2013
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