Epstein v. Prosser
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philip Prosser, from a judgment of-the County Court of Steuben county in favor of the plaintiff, entered in the office of the clerk of said county on the 18th day of August, 1908, and also from an order entered on the same day affirming a judgment of a Justice’s Court rendered on the 7th day of January, 1908. '
1Opinion of the Court
Williams, J.:
The judgment of the County Court and of the Justice’s Court should- be reversed, with costs in both courts.
The action is for breach of warranty, growing out- of a.horse trade. There was no appearance by the defendant, in Justice’s Court. The plaintiff gave his evidence and a judgment was rendered in his favor for forty-nine dollars and costs. The ground relied upon for a reversal of the judgment is that no jurisdiction was acquired by service of any summons, returnable at the time the trial was had, and the judgment rendered. The summons was issued December 28, 1907, and was made…
2Cases cited6 opinions
- Arnold v. MaltbyNew York Supreme Court · 1847
- Bradbury v. Van NostrandNew York Supreme Court · 1865
- Lindsay v. TansleyNew York Supreme Court · 1892
- Mayerson v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
- Lenham Mercantile Co. v. HerkeNew York Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Summary Proceedings for Removal of Persons in Possession of Premises Alleged to Be Owned by RudgersAppellate Division of the Supreme Court of the State of New York · 1937