Jacquerson v. Van Erben

On the appeal the only objection made by the defendant to the judgment is, that (the action being against tlie defendants as non-residents) the complaint was filed on September 22, 1854, and the summons published and dated on September 23, 1854, stated that the complaint “ has this day been filed in the office of the clerk of the city and county of New York.” The Code (§ 135) requires the complaint to be first filed in cases of publication, and that the summons must state the time and place of filing. It does not say that it shall state the day nor the hour, nor the part of the clerk’s office…