Hyperlawhypertext legal database Person v. Pardee 13 N.Y. Sup. Ct. 477

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Person v. Pardee

13 N.Y. Sup. Ct. 477 Court N.Y. Gen. Term English

Judges Present — Learned, P. J., Boardman and Bocees, JJ.

Contents

Majority

p. 477
FRANKLIN H. PERSON, Appellant, v. A. PARDEE and others, Respondents.

Headnote

S&i'vice of summons — when sel aside — attendance as a witness.
The service of a summons upon a non-resident while attending as a witness, in good faith, the trial of an action in one of the courts of this State, is irregular and will be set aside. (Leaver v. Robinson, 3 Duer, 622 ; Merrrül v. George, 23 How., 331 .)
p. 478
Appeal from an order made at the Special Term setting aside the service of the summons in this action.
Hart & Mo Quire, for the appellant. H. G. Moalc, for the respondents.

Opinion

Present — Learned, P. J., Boardman and Bocees, JJ.

Order affirmed with ten dollars costs, besides disbursements for printing.