Miller v. . Brenham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, J Hun, 330.) This action was brought upon a judgment recovered by the plaintiff against Charles J. Brenham, originally a defendant herein, and Beverly 0. Sanders, in the Superior Court of the city of San Francisco.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, J Hun, 330.) This action was brought upon a judgment recovered by the plaintiff against Charles J. Brenham, originally a defendant herein, and Beverly 0. Sanders, in the Superior Court of the city of San Francisco. By the summons the defendants in that action were required to appear and answer the complaint within the time mentioned in the summons, or in default thereof judgment by default would be taken…
1Opinion of the CourtMiller, J.
The copy of the record of the judgment introduced in evidence upon the trial, contained a certificate of the sheriff of the city and county of San Francisco, attached to the summons, to the effect, that he had personally served the same on the defendant Brennan, and the defendant Sanders, by delivering to said defendant personally in the city of San Francisco a copy of said summons, attached to a certified copy of the complaint.
It is claimed that this was insufficient proof of service upon the defendant Brenham, who was the testator of the defendant here. We think that this position cannot be…
2Cases cited4 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Ruggles v. KeelerNew York Supreme Court · 1808
- Lincoln v. BattelleNew York Supreme Court · 1831
- Power v. HathawayNew York Supreme Court · 1864
3Cited by28 opinions
- In re the Estate of KilloughNew York Surrogate's Court · 1933
- 2138747 Ontario, Inc. v. Samsung C&T Corp.New York Court of Appeals · 2018
- Meyers v. Credit LyonnaisNew York Court of Appeals · 1932
- New York Life Insurance v. AitkinNew York Court of Appeals · 1891
- Kirsch v. LubinNew York Supreme Court · 1927
23 more not listed; retrieve them via the Exa API.