People ex rel. Liatto v. Dunn

New York Supreme Court

People ex rel. Liatto v. Dunn

27 Misc. 71, 58 N.Y.S. 147

DecidedApril 15, 1899

StatusPublished

This text of 27 Misc. 71 (People ex rel. Liatto v. Dunn) 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

People ex rel. Liatto v. Dunn, 27 Misc. 71, 58 N.Y.S. 147 (N.Y. Super. Ct. 1899).

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Opinion

Truax, J.

Section 2884 of the Code of Civil Procedure provides that where the plaintiff is ignorant of the name or part of the name of a defendant, that defendant may be designated in the summons by a fictitious name, or by so much of his name as is known, adding a description to identify the person intended. In this case the plaintiff saw fit to designate the defendant by the name of Joseph Litto and to state in the summons that the first name was fictitious, the real name being unknown to plaintiff. The plaintiff obtained judgment in the above-named action and has issued execution thereon and arrested one' Frank Liatto. The judgment was obtained by default. Under this judgment the plaintiff had no right to arrest Frank Liatto. The plaintiff herein claimed that the surname of the defendant was Litto and stated that the only part of the defendant’s name that he did not know was his Christian name and he must stand or fall by the correctness of his position in that respect.' Gannon v. Myars, 11 Civ. Pro. 187.

Writ is sustained, with costs, and the prisoner discharged.

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Truax, J.

Section 2884 of the Code of Civil Procedure provides that where the plaintiff is ignorant of the name or part of the name of a defendant, that defendant may be designated in the summons by a fictitious name, or by so much of his name as is known, adding a description to identify the person intended. In this case the plaintiff saw fit to designate the defendant by the name of Joseph Litto and to state in the summons that the first name was fictitious, the real name being unknown to plaintiff. The plaintiff obtained judgment in the above-named action and has issued execution thereon and arrested one' Frank Liatto. The judgment was obtained by default. Under this judgment the plaintiff had no right to arrest Frank Liatto. The plaintiff herein claimed that the surname of the defendant was Litto and stated that the only part of the defendant’s name that he did not know was his Christian name and he must stand or fall by the correctness of his position in that respect.' Gannon v. Myars, 11 Civ. Pro. 187.

Writ is sustained, with costs, and the prisoner discharged.

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Bluebook (online)

27 Misc. 71, 58 N.Y.S. 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-liatto-v-dunn-nysupct-1899.