Newcombe v. Cohn

Appellate Terms of the Supreme Court of New York

Decided January 15, 1901

Appellate Terms of the Supreme Court of New York · decided 1901-01-15

<p>Municipal Court o£ the city o£ New "York — Return day o£ summons against nonresident of the city — Jurisdiction.</p> <p>Where a defendant or one of several defendants is a nonresident of the city of New York, its Municipal Court acquires no jurisdiction where its summons is made returnable more than four days from the date thereof. L. 1882, ch. 410, § 1298, subd. 1.</p>

Cited by 1 later decisions — most recently May 1942

1 state decisions

Relies on Arnold v. Bernard

Good law ✅— No negative treatment on recordhow we know

Decided 1901-01-15

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Per Curiam.

¶1It is clear that the defendant Cohn was a nonresident of this State when he was served with the summons. Section 1298 of the Mew York City Consolidation Act (L. 1882, ch. 410) requires that when the defendant or either of several defendants in a Municipal Court is not a resident of the city, the summons must he returnable in not less than two nor more than four days from its date. The summons in this case did not comply with this requirement, being returnable ten days after its date. Under such a summons the Municipal Court never acquired jurisdiction to award any judgment against the defendants. Williams v. Wheeler, 8 Abb. Pr. 116; Allison v. Snider Preserve Co., 20 Misc. Rep. 367.

¶2The judgment appealed from must be reversed, with costs.

¶3Present: Tbuax, P. J., Scott and Dugro, JJ.

¶4Judgment reversed, with costs.