Legg v. Stillman
New York Supreme Court
On certiorari to a Justice’s Court. The suit was by summons in the Court below, by Stillman and others against Legg, and the constable returned the summons thus: “ Personally served, May 14th, 1822. Fees $0 13. Thomas McKnight, const.” The return was objected to as insufficient but the objection was overruled by the Justice.
1Opinion of the Court
Curia.
In Wheeler v. Lampman, (14 John. 481,) it was decided, that the constable must state the manner and time of the service, and both are required by the statute. (1 R. L. 388, s. 2.) The time is material, that it may appear whether the service was made six days before the return day; but there is no dispute about the sufficiency of the return under consideration, in this respect. The manner is *419state very briefly—“ personally.” This mode is, we think, justified by the act, which, in the section cited, recognizes a summons served by reading it to the defendant, &c., as personally served.
Judgm…
2Cases cited1 opinion
- Wheeler v. LampmanNew York Supreme Court · 1817
3Cited by4 opinions
- Bascom v. . SmithNew York Court of Appeals · 1864
- Shaw & Morehouse v. MoserMichigan Supreme Court · 1853
- Nichols v. Fanning, New York County Courts1897
- Snyder v. SohramNew York County Court, Montgomery County · 1880