Freeman v. Young
The Superior Court of New York City
This was a motion to set aside the complaint in the action for non-conformity with the summons ; to compel the plain-to file security for costs, under the penalty of dismissal of the complaint, and to pay costs heretofore granted on a motion ; and to have the undertaking given on an attachment heretofore issued in the action and set aside, delivered to the defendants to be prosecuted.
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This was a motion to set aside the complaint in the action for non-conformity with the summons ; to compel the plain-to file security for costs, under the penalty of dismissal of the complaint, and to pay costs heretofore granted on a motion ; and to have the undertaking given on an attachment heretofore issued in the action and set aside, delivered to the defendants to be prosecuted. It was founded on an order previously made in this action, setting aside the attachment issued therein, and also the complaint, for not corresponding with the summons, unless an amended one should be served in…
1Opinion of the Court
Robertson, Ch. J.
It does not appear in the papers before me, how the defendant is enabled to fix upon and determine what the summons in this action is, when it has never been served. Two of the defendants, on whose behalf this motion is made, have voluntarily appeared by. attorney in this action, which is equivalent (for the purpose of jurisdiction) to personal service of the summons on them, (Code, § 139,) even in this court, unless they expressly limit the appearance of their attorney to the purpose of setting aside proceedings. (Mahaney v. Penman, 4 Duer, 603. S. C. 1 Abb. 34.)' The object…
2Cases cited1 opinion
- Bacon v. ReadingThe Superior Court of New York City · 1852