Legal Opinion

Consumers Park Brewing Co. v. Greenberger

Appellate Terms of the Supreme Court of New York

Decided May 15, 1905PublishedCited by 1 opinion

Appeal by the plaintiff from a judgment rendered in favor of the defendant in the Municipal Court of the city of New York, fifth district, borough of Manhattan. •

1Per curiam

This action was in replevin. The summons was issued January 31, 1905, returnable February 9, 1905. Upon the affidavit and undertaking required by statute the plaintiff obtained a writ of replevin and the marshal took possession of a certain liquor tax certificate thereunder. Upon the return day of the summons there was no appearance on the part of the plaintiff. The summons and proof of service thereof, not having been filed the day before the return day as provided by rule IV of the Rules of Practice adopted by the Board of Justices of the Municipal Court, the defendant caused a copy of the…

2Cases cited4 opinions

  1. Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
  2. Leavitt v. KatzoffAppellate Terms of the Supreme Court of New York · 1904
  3. Ferguson v. Harlem Savings BankAppellate Terms of the Supreme Court of New York · 1904
  4. Lyons v. GavinAppellate Terms of the Supreme Court of New York · 1904

3Cited by1 opinion

  1. Elfenbein v. RosenthalAppellate Terms of the Supreme Court of New York · 1905

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