Scoffield v. Loder

Decided October 15, 1800

New York Supreme Court · decided 1800-10-15

On a writ of right. The tenant having vouched one Hunter, a writ of summons was issued, the service of which was irregular, or its return by the sheriff was defective, no proclamation appearing to have been made.

Cited by 1 later decisions — most recently May 1803

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1800-10-15

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Per Curiam.

¶1The tenant is entitled to an alias summons The insufficient service of the first writ, or its defective return, is not imputable to him, and he ought not to be placed in a worse condition than if nihil had been returned. Let an alias issue.

¶2Motion denied.