Majority
p. 371Catherine Finan v. John O’Dowd. (Supreme Court, General Term, Second Department, June, 1896.)
Headnote
Limitations of actions—Commencement of action—Plubies summons. Under Code Civ. Proc., § 2883, providing that, where it appears by the return of the constable to whom a summons was issued for service that it was not served, a second summons may be issued, and, on a like retura , thereof, a third summons may be issued, and that the second or third sum
p. 372
mons, as the case may be, relates back to the time when the first summons was issued, a third summons does not relate back unless the first and second were not served on defendant.
Appeal from Queens county court.
Action by Catherine Finan against John O’Dowd. A judgment in favor of plaintiff, rendered by a justice of the peace was reversed by the county court, and plaintiff appeals.
George Brush, for appellant.
Matthew J. Smith, for respondent.
Judgment affirmed, with costs, on the opinion of the county judge.