Schwinger v. Hickox

Superior Court of Buffalo

Schwinger v. Hickox

46 How. Pr. 114, 1873 N.Y. Misc. LEXIS 286

CourtSuperior Court of Buffalo

DecidedNovember 15, 1873

StatusPublished

Cited by1 cases

This text of 46 How. Pr. 114 (Schwinger v. Hickox) is published on Counsel Stack Legal Research, covering Superior Court of Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schwinger v. Hickox, 46 How. Pr. 114, 1873 N.Y. Misc. LEXIS 286 (N.Y. Super. Ct. 1873).

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Opinion

Smith, J.,

denied the motion on the ground that the voluntary appearance of the defendants by their attorney was, for all purposes of the action, the equivalent of personal service, and entitled the plaintiff to the costs as adjusted. The case of Macomber agt. The Mayor, &c., of New York (17 Abb. Pr. R., 35), in so far as it holds that a voluntary appearance will not justify a judgment on failure to answer without proof of the actual service of the summons, disapproved. Ho costs allowed, as the question is a new one.

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Smith, J.,

denied the motion on the ground that the voluntary appearance of the defendants by their attorney was, for all purposes of the action, the equivalent of personal service, and entitled the plaintiff to the costs as adjusted. The case of Macomber agt. The Mayor, &c., of New York (17 Abb. Pr. R., 35), in so far as it holds that a voluntary appearance will not justify a judgment on failure to answer without proof of the actual service of the summons, disapproved. Ho costs allowed, as the question is a new one.

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Bluebook (online)

46 How. Pr. 114, 1873 N.Y. Misc. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwinger-v-hickox-nysuperctbuf-1873.

Opinion

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