Dix v. Palmer & Schoolcraft

Gridley, Justice.

First. One irregularity relied on, to show that the judgment is irregular, consists of a defect in the summons. It mentions no court from which it emanates. In using a summons of this description, the plaintiff’s attorney followed the form prepared by the commissioners on practice and appended to their report of the Code of 1848. But, notwithstanding it claims so high a paternity, it has been repeatedly pronounced, radically defective. In a considerable class of cases the Supreme Court and County Court have concurrent jurisdiction, and a summons should certainly inform -a…