# Brown v. Pond

> District Court, S.D. New York · November 15, 1880 · 5 F. 41

URL: https://www.frixlaw.com/law-library/cases/8121779

## Case

- **Full name:** Brown v. Pond and others
- **Court:** District Court, S.D. New York
- **Decided:** November 15, 1880
- **Citations:** 5 F. 41
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Choate
- **Judges:** Choate
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8121779

## Opinion text

Choate, D. J.
This is like the case between the same parties decided to-day, \supra, 31,] except that the complaint has been served. The prcecipe directs the clerk to issue summons in an action for “statutory penalty; amount claimed, $80,000.” It is shown by affidavit, and is not contradicted, that the defendant was first informed of the nature of the plaintiffs claim on the sixteenth of June, 1880, upon the service of an affidavit accompanying an order extending plaintiff’s time to serve his complaint. This motion to set aside the summons was made on the twenty-first of June.
For the reasons stated in the other case between the same parties the motion must be granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8121779. Public record. Not legal advice.