Littlefield v. Murin
New York Supreme Court
'—Motion by defendant for an order or judgment dismissing the plaintiff’s complaint in the nature of a judgment of non pros, on account of the non-service of a copy of the complaint. The action was commenced by the service of summons, without the complaint, on the 18th of August last. On the 23d of August, the defendant, by his attorney, demanded a copy of the complaint, and a copy not having been served in pursuance of the demand, this motion is now made.
1Opinion of the Court
Allen, Justice.
'—By the present code, an action may be commenced by the service of a summons, without a copy of the complaint, and in that case, if the defendant, within ten days after the service of the summons,
*307demand in writing a copy of the complaint, specifying a place within the state where it may be served, a copy thereof shall be served accordingly, (Code, § 180.) There is no time prescribed by the act within which the copy complaint must be served, and it must therefore be served within a reasonable time. In analogy to the practice upon a peremptory order for a bill of particulars…
2Cases cited3 opinions
- Brewster v. SackettNew York Supreme Court · 1823
- Symonds v. CrawNew York Supreme Court · 1826
- May v. RichardsonNew York Supreme Court · 1825