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29 Misc. 328

Goldberg v. Fowler

Appellate Terms of the Supreme Court of New York · decided 1899-10-15

Appeal by the defendant from a judgment rendered in favor of the plaintiff, by default, in the Municipal Court, first district, borough of Manhattan.

Decided 1899-10-15

Freedman, P. J.

¶1The return shows that the summons and complaint in this action was served upon J. H. Corwin, attorney for *329Clarence M. Fowler, the defendant therein named.” Upon the return day of the summons no one appeared for the defendant, and judgment was taken against him by default.

¶2The court below acquired no jurisdiction over the person of the defendant by the service of the summons upon his attorney, and, as the defendant has in no manner voluntarily submitted himself to the jurisdiction of the court, the judgment rendered against him is void and must be reversed.

¶3MacLean and Leventritt, JJ., concur.

¶4Judgment reversed, with costs to appellant.

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