Blanchard v. Strait
New York Supreme Court
This was a motion in behalf of the defendant, to set aside the plaintiff’s proceedings for irregularity; also to strike out portions of the complaint for redundancy, and also to require the plaintiff to make said complaint more definite and certain.
1Opinion of the Court
Crippen, Justice.
It appears from the motion papers in this case, that the summons served on the defendant was entitled as above (giving the name of the intestate), and was addressed to the defendant by name; it required him to answer the complaint of the “ above named plaintiff;” that such complaint would be filed in the Otsego county clerk’s office; and the defendant was also required to serve a copy of his answer, or the plaintiff would take judgment against him for one thousand dollars.
The defendant retained an attorney to defend the action, who gave notice thereof, entitling such "notice…
2Cases cited1 opinion
- Willard v. MissaniNew York Supreme Court · 1823
3Cited by3 opinions
- O'Connor v. SchaeffelCity of New York Municipal Court · 1890
- Wadsworth v. GeorgerNew York Supreme Court · 1887
- Henderson v. JacksonThe Superior Court of New York City · 1870