21 N.Y.S. 452 | The Superior Court of the City of New York and Buffalo | 1892
The failure to comply with the provisions of section 1897 of the Code
Summons set aside, and complaint dismissed, with costs.
Code Civil Proc. § 1897, provides that, in an action to recover a penalty or forfeiture given by a statute, if a copy of the complaint is not delivered to the defendant with a copy of thé summons, a general reference to the statute must be indorsed upon the copy of the summons so delivered, and, in addition, such a description of the statute as will identify it with convenient certainty, and also specifying the section, if penalties or forfeitures are given in different sections thereof for different acts or omissions.