Serring v. Stryker
New York County Court, Steuben County
Appeal from the judgment of a justice of the peace, rendered upon a default.
1Opinion of the CourtRobinson, J.
This is an appeal from a judgment rendered by a justice of the peace upon default of the defendant.
Affidavits and the return of the justice show that the summons was served upon the defendant while he was in attendance at a court of the said justice as a witness in a case then being tried.
A subpoena duces tecum had been served on him in Che-mung county requiring the production of certain books of the Columbian Knights, a corporation of which he was an officer. The defendant was a resident of Onondaga county.
The point is made that the appearance of the defendant was voluntary, because under…
2Cases cited7 opinions
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Pickard v. CollinsNew York Supreme Court · 1856
- Schoonmaker v. . SpencerNew York Court of Appeals · 1873
- Stewart v. HowardNew York Supreme Court · 1853
- Petrie v. FitzgeraldNew York Court of Common Pleas · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cooke v. Superior CourtCalifornia Court of Appeal · 1925
- Guando v. AlpenAppellate Division of the Supreme Court of the State of New York · 1920
- Department of Housing Preservation & Development v. KoenigsbergCivil Court of the City of New York · 1986
- Clapper v. Race, New York County Courts1910
- Savage v. SullyAppellate Terms of the Supreme Court of New York · 1911