Wheeler v. New York & Harlem Rail Road
New York Supreme Court
APPEAL from a judgment of the Dutchess county court. The action was commenced before a justice of the peace, by a summons issued on the 16th day of July, 1855. Upon this summons the constable made the following return: “ The within summons personally served on the within named defendants, this 16th day of July, 1855, by serving said summons, personally, on William H. Powder, freight agent of said defendants, at the North Bast station, in the town of North Bast aforesaid, no…
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APPEAL from a judgment of the Dutchess county court. The action was commenced before a justice of the peace, by a summons issued on the 16th day of July, 1855. Upon this summons the constable made the following return: “ The within summons personally served on the within named defendants, this 16th day of July, 1855, by serving said summons, personally, on William H. Powder, freight agent of said defendants, at the North Bast station, in the town of North Bast aforesaid, no person having been designated by said defendants upon whom process may be served in the said county of Dutchess,…
1Opinion of the CourtS. B. Strong, J.
The return of a constable certifying the time and manner of his serving a summons upon the defendant, is undoubtedly presumptive evidence of what it states. If it appears from that return that the process has been regularly served, and nothing is shown, or offered to be shown, to the contrary, the justice is authorized to proceed in the action, and his judgment, if otherwise regular, cannot be controverted in the same or a collateral suit. Where the statute designates one or more officers of a corporation upon whom process against it may be served, I am inclined to think that the return of…
2Cases cited3 opinions
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1830
- Wheeler v. LampmanNew York Supreme Court · 1817
- Tiffany v. GilbertNew York Supreme Court · 1848
3Cited by7 opinions
- Regent Realty Co. v. Armour Packing Co.Missouri Court of Appeals · 1905
- Curtis v. Avon, Geneseo & Mount Morris RailroadNew York Supreme Court · 1867
- Waring v. McKinleyNew York Supreme Court · 1862
- Boynton v. Keeseville Electric Light & Power Co., New York County Courts1893
- Darling v. The Protective Assurance Society, New York County Courts1911
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