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Goldberg v. London

80 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1903-02-20 English

Decision Majority — PER CURIAM. · Dissent — VAN BRUNT, P. J.

Contents
p. 1136
GOLDBERG, Respondent, v. LONDON et al., Appellants.
(Supreme Court, Appellate Division, First Department.
February 20, 1903.)

Headnote

Action by Harris Goldberg against Reuben London and another. From an order amending plaintiff’s summons herein, defendants appeal. Modified. O. C. Bernheimer, for appellants. A. H. Sarasobn, for respondent.

The order appealed from should be modified by striking out the provision awarding costs to the plaintiff, and granting the motion upon the payment of $10 costs by the plaintiff to the defendants, and as thus modified affirmed, with costs to the appellants.

I dissent. I think that the order appealed from should be reversed on the ground that the court could never acquire jurisdiction by the service of a summons of the character of the one in the case at bar, notwithstanding the decisions to the contrary.