97 Misc. 637 | N.Y. App. Term. | 1916
This action was brought against the defendant to recover for wages due the plaintiff, and ‘service of the summons was made on July 10, 1916. The summons when served was complete in all respects
The legislature has seen fit in section 19 of the Municipal Court Code to state exactly what the summons must contain and what must be indorsed upon the summons. It does not follow, however, that a summons is absolutely void if it fails in some respects to comply with all the requirements of the statute. The courts have always had power in some instances to amend their process and proceedings to cure defects on proper terms, and in other cases to disregard immaterial errors and defects. There can be no doubt that the legislature in enacting the Municipal Court Code sought to enlarge the powers of. the Municipal Court in this respect to enable that court to perform its functions, as a true court of justice, and the statute should not be construed in such a manner as to place new technicalities in the way of the litigant or court. Its power to amend is ’of course subject to the universal rule that no court can amend any process or pleading where it has not acquired jurisdie
Lehman and Finch, JJ., concur.
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.