Goldberg v. Fowler

Appellate Terms of the Supreme Court of New York

Goldberg v. Fowler

29 Misc. 328, 60 N.Y.S. 475

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 15, 1899

StatusPublished

This text of 29 Misc. 328 (Goldberg v. Fowler) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goldberg v. Fowler, 29 Misc. 328, 60 N.Y.S. 475 (N.Y. Ct. App. 1899).

Pincite

Opinion

Freedman, P. J.

The return shows that the summons and complaint in this action was served upon “ J. H. Corwin, attorney for [329]*329Clarence M. Fowler, the defendant therein named.” Upon the return day of the summons no one appeared for the defendant, and judgment was taken against him by default.

The court below acquired no jurisdiction over the person of the defendant by the service of the summons upon his attorney, and, as the defendant has in no manner voluntarily submitted himself to the jurisdiction of the court, the judgment rendered against him is void and must be reversed.

MacLean and Leventritt, JJ., concur.

Judgment reversed, with costs to appellant.

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Freedman, P. J.

The return shows that the summons and complaint in this action was served upon “ J. H. Corwin, attorney for [329]*329Clarence M. Fowler, the defendant therein named.” Upon the return day of the summons no one appeared for the defendant, and judgment was taken against him by default.

The court below acquired no jurisdiction over the person of the defendant by the service of the summons upon his attorney, and, as the defendant has in no manner voluntarily submitted himself to the jurisdiction of the court, the judgment rendered against him is void and must be reversed.

MacLean and Leventritt, JJ., concur.

Judgment reversed, with costs to appellant.

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Bluebook (online)

29 Misc. 328, 60 N.Y.S. 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldberg-v-fowler-nyappterm-1899.