Weidman v. Sibley
Appellate Division of the Supreme Court of the State of New York
Appeal from Monroe county court. Action by William Weidman against Rufus A. Sibley and others for personal injuries. The complaint was dismissed, and plaintiff appeals. Reversed.
1Concurrence
GREEN, J. (concurring).
An action is instituted in a court of limited jurisdiction by the service of the summons upon several of *1060the parties named as defendants, but not upon all. An attorney serves notice that he has been retained to defend the action in behalf of all parties named in theosummons, and demands a copy of the complaint. The complaint served alleges that all the defendants are residents of the county. The attorney thereupon served a joint answer, containing a general denial and also an allegation that the defendants not served were nonresidents. The plaintiff accepted the notice…
2Cases cited10 opinions
- Clapp v. . GravesNew York Court of Appeals · 1863
- Bunker v. LangsNew York Supreme Court · 1894
- Wellington v. ClaasonNew York Supreme Court · 1859
- Hankinson v. PageU.S. Circuit Court for the District of Southern New York · 1887
- Tracy v. Reynolds & TuckerNew York Supreme Court · 1852
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