Milligan v. Fles

City of New York Municipal Court

Milligan v. Fles

4 N.Y.S. 338

DecidedMay 15, 1888

StatusPublished

This text of 4 N.Y.S. 338 (Milligan v. Fles) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Milligan v. Fles, 4 N.Y.S. 338 (N.Y. Super. Ct. 1888).

Pincite

Opinion

McAdam, C. J.

Where either the plaintiff or defendant does not reside within the city of New York, a short summons may be ordered. Code Civil Proc. § 3165. The fact that either or both have an office or place of business within the county does not affect this provision of the Code. A place of business within the county exempts a plaintiff from the necessity of giving security for costs as a non-resident, under sections 3268 and 3269 of the Code, (section 3160,) and exempts a defendant from being proceeded against by attachment as a non-resident of the county, (Code, § 3269, subd. 3;) but the exemption does not extend to or affect the short summons authorized by section [339]*3393165, supra. The motion by the defendant to vacate, the order directing a short summons to issue will therefore be denied, with $10 costs to abide the event. Ordered accordingly.

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McAdam, C. J.

Where either the plaintiff or defendant does not reside within the city of New York, a short summons may be ordered. Code Civil Proc. § 3165. The fact that either or both have an office or place of business within the county does not affect this provision of the Code. A place of business within the county exempts a plaintiff from the necessity of giving security for costs as a non-resident, under sections 3268 and 3269 of the Code, (section 3160,) and exempts a defendant from being proceeded against by attachment as a non-resident of the county, (Code, § 3269, subd. 3;) but the exemption does not extend to or affect the short summons authorized by section [339]*3393165, supra. The motion by the defendant to vacate, the order directing a short summons to issue will therefore be denied, with $10 costs to abide the event. Ordered accordingly.

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Bluebook (online)

4 N.Y.S. 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milligan-v-fles-nynyccityct-1888.