Ex parte Johnson

New York Supreme Court

Ex parte Johnson

7 Cow. 424

CourtNew York Supreme Court

DecidedAugust 15, 1827

StatusPublished

Cited by1 cases

This text of 7 Cow. 424 (Ex parte Johnson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Johnson, 7 Cow. 424 (N.Y. Super. Ct. 1827).

Pincite

Opinion

Curia.

We think the C. P. were right. The plaint was [425]*425m- the nature of an original, which commands a summons; and, not being executed by notice to the party, -is no reason why the process should wholly fail. The second authority to summon the defendant was in nature of an alias. At any rate, calling it so in the rule, or elsewhere, will not vitiate it. The statute is merely directory to the sheriff. No doubt, it is his duty to summon the party, if he can. But if he fails to do "his duty, this is no reason why the plaintiff should lose his suit. The motion must be denied.

Motion denied.

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Curia.

We think the C. P. were right. The plaint was [425]*425m- the nature of an original, which commands a summons; and, not being executed by notice to the party, -is no reason why the process should wholly fail. The second authority to summon the defendant was in nature of an alias. At any rate, calling it so in the rule, or elsewhere, will not vitiate it. The statute is merely directory to the sheriff. No doubt, it is his duty to summon the party, if he can. But if he fails to do "his duty, this is no reason why the plaintiff should lose his suit. The motion must be denied.

Motion denied.

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Bluebook (online)

7 Cow. 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-johnson-nysupct-1827.

Opinion

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