Mears v. North American Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The ¡North American Brewing Company, 'from a judgment of the Municipal Court of the city óf ¡New York,- borough pf Brooklyn, in favor of the "plaintiffs, rendered on the 27th day of September, 1905.
1Opinion of the Court
Miller, J.:
The defendant appeals from a judgment of the ¡Municipal Court and .shows by affidavit that .personal service of the summons was not made upon it and that it made no appearance in the action. The respondents do not dispute this,,, and the affidavit of service upon which the judgment was rendered fails to show service on the defendant. An appeal was the proper remedy. (Code Civ. Proc. § -3057; Lazarus v Boynton, 86 N. Y. Supp. 104.) The judgment of the Municipal Court must be reversed, with costs;
Jenks, Hooker, Gaynor and Rich, JJ., concurred.
Judgment of the Municipal Court reversed,…
2Cases cited1 opinion
- Lazarus v. BoyntonAppellate Terms of the Supreme Court of New York · 1904
3Cited by3 opinions
- Frankel v. Dover Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1907
- Appleton v. RoseAppellate Terms of the Supreme Court of New York · 1915
- Lee v. Revolving Airship Tower Co.Appellate Division of the Supreme Court of the State of New York · 1908