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Matter of Jones

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1916
174 App. Div. 919 (N.Y. App. Div. 1916)

Opinion

July, 1916.


Order reversed, with ten dollars costs and disbursements against the respondent Jones, and the motion to set aside the service of the subpœna granted, with ten dollars costs against the said respondent, upon the ground that under section 852 of the Code of Civil Procedure exhibition of the original subpœna was essential to constitute valid service. (See, also, Matter of Depue, 185 N.Y. 60, and Matter of Foster, 139 App. Div. 769.) Carr, Stapleton, Mills and Rich, JJ., concurred; Jenks, P.J., not voting.


Summaries of

Matter of Jones

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1916
174 App. Div. 919 (N.Y. App. Div. 1916)
Case details for

Matter of Jones

Case Details

Full title:In the Matter of the Examination of HOLMES JONES, Respondent, in…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1916

Citations

174 App. Div. 919 (N.Y. App. Div. 1916)