29 Abb. N. Cas. 114
The Superior Court of New York City
Decided October 15, 1892
The Superior Court of New York City · decided 1892-10-15
Motion by defendant for leave to withdraw his notice of appearance and to set aside the service of a summons in an action for a penalty upon the ground that the summons was served without complaint and without an indorsement of a general reference to the statute under which the action was brought, as required by Code Civ. Pro. § 1897.
Decided 1892-10-15
¶1The failure to comply with the provisions of section 1897 of the Code is fatal to the validity of the service of the summons, and leaves, the court without jurisdiction over the person of the defendant. The -defect was not remedied by the defendant’s appearance for the reason that it did not appear upon the face of the summons.
¶2Defendant has leave to withdraw his notice of appearance. Summons set aside and complaint dismissed, with costs.