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Appellate Division of the Supreme Court of New York, 1906

Mears v. North American Brewing Co.

Mears v. North American Brewing Co.
Appellate Division of the Supreme Court of New York · Decided May 4, 1906 · Miller
113 A.D. 41; 98 N.Y.S. 1042; 1906 N.Y. App. Div. LEXIS 1364

Counsel

Fernando Solinger, for the appellant., ’ Henry JB'onüwitz, for the respondents.

Mears v. North American Brewing Co.

Opinion of the Court

Miller, J.:

The defendant appeals from a judgment of the ¡Municipal Court and .shows by affidavit that .personal service of the summons was not made upon it and that it made no appearance in the action. The respondents do not dispute this,,, and the affidavit of service upon which the judgment was rendered fails to show service on the defendant. An appeal was the proper remedy. (Code Civ. Proc. § -3057; Lazarus v Boynton, 86 N. Y. Supp. 104.) The judgment of the Municipal Court must be reversed, with costs;

Jenks, Hooker, Gaynor and Rich, JJ., concurred.

Judgment of the Municipal Court reversed, with costs, and complaint dismissed. •

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