Guarantee & Trust Co. v. Johnson
New York County Courts
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
- People Ex Rel. Lawton v. . SnellNew York Court of Appeals · 1916
- Arnold v. MaltbyNew York Supreme Court · 1847
- Craighead v. MartinSupreme Court of Minnesota · 1878
- Phinney v. DonahueSupreme Court of Iowa · 1885
- Bradbury v. Van NostrandNew York Supreme Court · 1865
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