Legal Opinion

Guarantee & Trust Co. v. Johnson

New York County Courts

Decided April 15, 1916Published

Appeal from a judgment rendered by default in favor of the plaintiff against the defendant by a justice of the peace of the town of North Hempstead.

1Opinion of the Court

Niemann, J.(1) A reversal of the judgment is asked for on the ground that the summons is void because it is not entirely filled up — that there are blanks in it as to the year. The appellant claims two omissions in this regard: First, that the date of the year at the bottom of the summons is not filled in as to the last figure, namely 5, so that it is left to read ‘ ‘ Dated at Mineóla, in the Town of North Hempstead, this 15 day of November, 191 .” I find from an inspection of the summons that the figure 5 is added to the 191. The appellant claims that this is merely an irregular sweep of the…

2Cases cited7 opinions

  1. People Ex Rel. Lawton v. . SnellNew York Court of Appeals · 1916
  2. Arnold v. MaltbyNew York Supreme Court · 1847
  3. Craighead v. MartinSupreme Court of Minnesota · 1878
  4. Phinney v. DonahueSupreme Court of Iowa · 1885
  5. Bradbury v. Van NostrandNew York Supreme Court · 1865

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