Gough v. McFall
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe defendant, Henry S. McFall, as attorney in fact for and representing James Corrigan and others, from a judgment of tbe Supreme Court in favor of tbe plaintiff, entered in tbe office of the clerk of tbe county of Richmond on the 12th day of November, 1897, upon the decision of tbe court rendered after a trial at the Richmond Special Term; also from tbe said judgment, as amended by an order made at the Kings County Special Term and entered in the office of the…
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Appeal by tbe defendant, Henry S. McFall, as attorney in fact for and representing James Corrigan and others, from a judgment of tbe Supreme Court in favor of tbe plaintiff, entered in tbe office of the clerk of tbe county of Richmond on the 12th day of November, 1897, upon the decision of tbe court rendered after a trial at the Richmond Special Term; also from tbe said judgment, as amended by an order made at the Kings County Special Term and entered in the office of the clerk of tbe county of Richmond on the 20th day of January, 1898, and also from the said order. The action was brought…
1Opinion of the Court
Hatch, J.:
This case, aside from the power of the court to amend the judgment first entered, presents hut a single question, and that is : Did *580the delivery of the summons and complaint in the action to the sheriff of the county where the defendant resided, for service, before the Statute of Limitations had run against the cause of action sued upon, save such action from the bar of the statute, although sucli summons and complaint were not served upon the defendant until after the time when the statute would have run?
The plaintiff answers this question in the affirmative, and the defendant in…
2Cases cited7 opinions
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Hayden v. . PierceNew York Court of Appeals · 1895
- Burdick v. GreenNew York Supreme Court · 1820
- Reynolds v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Lowry v. LawrenceNew York Supreme Court · 1803
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cohoes Bronze Co. v. Georgia Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
- Harkow v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Rhode v. Quinn Construction Co.Wisconsin Supreme Court · 1935
- Martin v. MartinAppellate Division of the Supreme Court of the State of New York · 1910