Legal Opinion
Schnitzpahn v. Davis Sewing Machine Co.
Appellate Terms of the Supreme Court of New York
Decided March 15, 1897Published
Appeal by the defendant from a judgment of the justice of the First District Court in favor of the plaintiff for $250 damages, besides costs, in an action to recover damages for the alleged wrongful discharge of an employee.
1Opinion of the CourtDaly, P. J.
The proceedings before the justice, as appears by the return, were as follows:
“ The original summons was issued returnable on October 14, 1896. "
“ The copy served was returnable October 15, 1896.
“ Plaintiff entered judgment and made levy on October 14th.
“ On October 15th defendant appeared and moved to cancel judgment entered on October 14th on the ground that no summons had been served on defendant. Motion "granted.
“ Defendant moved to dismiss summons served for October 15th - on ground that there was no original issued for that day. Motion denied, but justice imposed $5 costs on plaintiff…
2Cases cited2 opinions
- Krahner v. HeilmanNew York Court of Common Pleas · 1890
- Ives v. QuinnNew York Court of Common Pleas · 1894