Berkman v. Weisinger
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Eew York, thirteenth district, borough of Manhattan, dismissing the complaint without prejudice to a new action.
1Opinion of the CourtGildersleeve, J.
There is no dispute as to the facts in this case. The action was commenced by the issuance of a summons which was never served upon the defendant. Thereupon, without a ’return made by the marshal or any other person that the defendant could not be found, as required by section 30 of the Municipal Court Act, an alias *516summons was issued upon request of the plaintiff. This alias summons was served, and upon the return day thereof the defendant appeared specially and objected to the jurisdiction of the justice, upon the ground that no alias summons could issue without the proof above mentioned…
2Cases cited3 opinions
- Tiffany v. . LordNew York Court of Appeals · 1875
- Loeb v. SmithAppellate Terms of the Supreme Court of New York · 1898
- White v. Lawyers' Surety Co.Appellate Terms of the Supreme Court of New York · 1903
3Cited by3 opinions
- Rood v. McDonaldMichigan Supreme Court · 1942
- Equitable Trust Co. v. SalbergAppellate Terms of the Supreme Court of New York · 1912
- Lee v. Revolving Airship Tower Co.Appellate Division of the Supreme Court of the State of New York · 1908