New York Bar Examination Questions and Answers (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ... pleading, practice and evidence chapter xix code pleading and practice Q. How is a civil action commenced in the supreme court, and what are the requisites of a summons? A. A civil action is commenced by the service of a summons. Sec. 416 of the Code of Civ. Pro. Sec. 217 provides for the requisites of a summons as follows: "The summons must contain the title of the action, specifying the court in which the action is brought, the names of the parties to the action, and, if it is brought in the supreme court, the name of the county in which the plaintiff desires the trial; and it must be subscribed by the plaintiff's attorney, who must add to his signature his office address, specifying a place within the State where there is a post-office. If in a city, he must add the street, and the street number, if any, or other suitable designation of the particular locality." Q. Draw a summons in a divorce case. A. Supreme Court, New York County. John Brown, Plaintiff, against Mary Brown, Defendant. To the above named defendant: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, Summons. Action For A Divorce. exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint. Dated, New York, May 1, 1919. Joseph Story, Plaintiff's Attorney, Office and post-office address, No. 50 Wall St., Borough of Manhattan, New York City. The special requirement in divorce cases, as to the form of the summons, is found in sec. 1774 of the Code of Civ. Pro. It is there provided that final judgment shall no