New York Court of Appeals

Augustus Van Horne Stuyvesant, Respondent v. Ralph Weil, Appellant

June 11, 1901167 N.Y. 421

Summary

The New York Court of Appeals held that a court acquires jurisdiction over a defendant despite an error in the defendant's name on the summons if the defendant is personally served and reasonably aware that the action is directed at her, and therefore the court may amend the summons and complaint under §§ 721 and 723 of the Code of Civil Procedure. The judgment of the trial court granting specific performance and deeming the title marketable was affirmed.