Jacobs v. Atlas Construction Co.

Appellate Terms of the Supreme Court of New York

Jacobs v. Atlas Construction Co.

119 N.Y.S. 168

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 12, 1909

StatusPublished

Cited by1 cases

This text of 119 N.Y.S. 168 (Jacobs v. Atlas Construction Co.) 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

Jacobs v. Atlas Construction Co., 119 N.Y.S. 168 (N.Y. Ct. App. 1909).

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Opinion

PER CURIAM.

There seems to be no doubt that the summons was served on a person in no way connected with defendant corporation, and that defendant has not appeared, except for the purpose of this appeal, so that the court below never acquired jurisdiction over defendant. The practice of the latter in appealing from the judgment entered without service was proper, as no service of process was made on defendant (Swift & Co. v. Mutual Commission Co. [Sup.] 107 N. Y. Supp. 40; Iron Clad Mfg. Co. v. B. E. Smith & Sons, 28 Misc. Rep. 172, 59 N. Y. Supp. 332; Burkhard v. Smith, 19 Misc. Rep. 31, 42 N. Y. Supp. 638); and the appeal was timely taken, inasmuch as no written notice of the entry of the judgment was served on defendant (Code, § 3046). "

The judgment must be reversed, with costs, and the complaint dismissed.

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PER CURIAM.

There seems to be no doubt that the summons was served on a person in no way connected with defendant corporation, and that defendant has not appeared, except for the purpose of this appeal, so that the court below never acquired jurisdiction over defendant. The practice of the latter in appealing from the judgment entered without service was proper, as no service of process was made on defendant (Swift & Co. v. Mutual Commission Co. [Sup.] 107 N. Y. Supp. 40; Iron Clad Mfg. Co. v. B. E. Smith & Sons, 28 Misc. Rep. 172, 59 N. Y. Supp. 332; Burkhard v. Smith, 19 Misc. Rep. 31, 42 N. Y. Supp. 638); and the appeal was timely taken, inasmuch as no written notice of the entry of the judgment was served on defendant (Code, § 3046). "

The judgment must be reversed, with costs, and the complaint dismissed.

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119 N.Y.S. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-atlas-construction-co-nyappterm-1909.

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