Schack v. Bryan

Motion by defendants to set aside and vacate a summons in the old form, which lacks the words “ or, if the complaint is not served with this summons, to serve a notice of appearance.” No complaint was served. Cross-motion by plaintiff under Civil Practice Act, section 105, to amend the summons by adding the omitted words; also by adding the true date. Where a summons in the old form is served, without a complaint, since the Civil Practice Act took effect, and there is neither a waiver nor a motion to amend the summons, it should be set aside on motion. Under Civil Practice Act, section 105,…