Didsbury v. Van Tassel
New York Supreme Court
Appeal from special term, Dutchess county. Action by George W. Didsbury against J. Wesley Van Tassel, as sheriff of Dutchess county. Defendant appeals from an order denying his motion to set aside service of the summons.
1Opinion of the CourtDykman, J.
This action was commenced against the sheriff for an escape from the jail limits, and the summons was served on the under-sheriff on the 25th day of December, 1889. Thereupon a motion was made at special term to set aside the service because it was made on Christmas day, which was a holiday, and on the under-sheriff instead of the sheriff. It seems also that an objection was raised against the form of the action, because it was not commenced against the sheriff individually; but, even if that objection can be made available upon a motion to set aside the service, it is baseless. The action is…
2Cited by7 opinions
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- In re BornemannAppellate Division of the Supreme Court of the State of New York · 1896
- Cereal Products Co. v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1921
- Carey v. ReillyAppellate Terms of the Supreme Court of New York · 1897
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