New York Supreme Court, 1890

Carr v. Tracy

Carr v. Tracy
New York Supreme Court · Decided June 6, 1890 · Brady
10 N.Y.S. 945; 32 N.Y. St. Rep. 1131; 1890 N.Y. Misc. LEXIS 1080 (New York Supplement)

Counsel

Lyon tfe Smith, for appellant. George W. Carr, pro se.

Carr v. Tracy

Opinion of the Court

Brady, J.

The examination of the proofs spread upon the record, and due consideration of them, has led to the conclusion that the service of the summons herein was not made as alleged. It is not intended to asperse the person who thinks he served the process, but to declare he was mistaken. The order appealed from should be reversed, and the motion made in the court below granted, with $10 costs and disbursements. All concur.

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