Fort v. Milligan — 21 N.Y.S. 145

Majority

p. 145

FORT v. MILLIGAN.

(Supreme Court, General Term, Third Department.

November 22, 1892.)

Headnote

Practice in Civil Cases—Attaching Complaint to Summons. A summons issued one day, and the complaint attached thereto the next, is without objection; defendant being in no way harmed thereby.

Appeal from Rensselaer county court.

Action by Charles H. Fort, as assignee of John Benoit, for the benefit of creditors, against James Milligan, for money due. A judgment rendered by a justice of the peace in favor of plaintiff was affirmed by the ■county court, and defendant appeals. Affirmed.

Argued before MAYHAM, P. J., and PUTNAM and HERRICK, JJ.

Myers & Norton, (John T. Norton, of counsel,) for appellant.

C. D. Hudson, for respondent.

I think upon the argument we substantially agreed that there was no merit in this appeal. The principal point argued was that the summons was issued on the 2d, and the complaint attached to it on the 3d. I do not see any objection to such practice. The defendant is in no way harmed. Judgment should be affirmed, with costs. All concur.