London v. Attias

Appellate Terms of the Supreme Court of New York

London v. Attias

119 N.Y.S. 188

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 12, 1909

StatusPublished

This text of 119 N.Y.S. 188 (London v. Attias) 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

London v. Attias, 119 N.Y.S. 188 (N.Y. Ct. App. 1909).

Pincite

Opinion

SEABURY, J.

Justice requires that the judgment appealed from should be reversed, and the action dismissed. There is no proof before the court that the above-named defendant was ever served with process. The record shows that the original summons was issued against Max E. Attis, and the proof of service shows that the summons was served “on Max E. Attias, sued as Attis.” The original summons has obviously been altered, so as to substitute as defendant “Melody Attias.” The alias summons was also issued against Max F. Attis. The plaintiff .having failed to prove that process was served upon the person against 'whom he has recovered a judgment, the judgment should be reversed, and the action dismissed.

The judgment is reversed, with costs, and the complaint is dismissed, with costs. All concur.

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SEABURY, J.

Justice requires that the judgment appealed from should be reversed, and the action dismissed. There is no proof before the court that the above-named defendant was ever served with process. The record shows that the original summons was issued against Max E. Attis, and the proof of service shows that the summons was served “on Max E. Attias, sued as Attis.” The original summons has obviously been altered, so as to substitute as defendant “Melody Attias.” The alias summons was also issued against Max F. Attis. The plaintiff .having failed to prove that process was served upon the person against 'whom he has recovered a judgment, the judgment should be reversed, and the action dismissed.

The judgment is reversed, with costs, and the complaint is dismissed, with costs. All concur.

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Bluebook (online)

119 N.Y.S. 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/london-v-attias-nyappterm-1909.