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Goldberg v. Fowler

Supreme Court, Appellate Term
Oct 1, 1899
29 Misc. 328 (N.Y. App. Term 1899)

Opinion

October, 1899.

Harris Corwin, for appellant.

David A. Sullivan, for respondent.


The return shows that the summons and complaint in this action was served upon "J.H. Corwin, attorney for Clarence M. Fowler, the defendant therein named." Upon the return day of the summons no one appeared for the defendant, and judgment was taken against him by default.

The court below acquired no jurisdiction over the person of the defendant by the service of the summons upon his attorney, and, as the defendant has in no manner voluntarily submitted himself to the jurisdiction of the court, the judgment rendered against him is void and must be reversed.

MACLEAN and LEVENTRITT, JJ., concur.

Judgment reversed, with costs to appellant.


Summaries of

Goldberg v. Fowler

Supreme Court, Appellate Term
Oct 1, 1899
29 Misc. 328 (N.Y. App. Term 1899)
Case details for

Goldberg v. Fowler

Case Details

Full title:CHARLES H. GOLDBERG, Respondent, v . CLARENCE M. FOWLER, Appellant

Court:Supreme Court, Appellate Term

Date published: Oct 1, 1899

Citations

29 Misc. 328 (N.Y. App. Term 1899)
60 N.Y.S. 475