Godfrey v. Errett
Appellate Terms of the Supreme Court of New York
Appeals by the plaintiffs from two judgments dismissing the complaints, rendered in the Municipal Court of the city of Hew York, first district, borough of Manhattan.
1Opinion of the CourtGoff, J.
These are appeals from judgments dismissing the complaint in each of two similar actions. The returns disclose, in each case, that an original and three alias summons were issued under the Municipal Court Act, sections 26 to 30. Defendants were served by delivery of copies of the alias summons without a copy of the first summons. Defendants appeared specially to object to the jurisdiction on this ground and their objection was sustained.
There is no provision in the Municipal Court Act requiring service of a copy of the original, or first summons, with a copy of an alias, nor was there any…
2Cases cited2 opinions
- Harkow v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Slayback v. RaymondNew York Supreme Court · 1903