sequence a passenger receives injury which might have been reasonably anticipated, the company is liable. The fact, that an individual has drank to excess will not, in every case, warrant his expulsion; it is rather the effect upon him, and that by reason of intoxication, he is dangerous and annoying to others, that gives the right and imposes the duty of expulsion. The conductor is only called upon to act upon improprieties or offenses witnessed by or made known to him; and the company can only be charged for the neglect of some duty, arising from circumstances of which the conductor was cognizant, or of which in the discharge of his duties he ought to have been cognizant." Putnam v. R. R., 55 N. Y. 108.

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, exclusive of the day of service; and in case you fail to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint.

Dated, New York, August 10, 1909.

JOSEPH STORY, Plaintiff's Attorney.

Office and post-office address, No. 50 Wall St.,

Borough of Manhattan, New York City.

For the form of summons, see sec. 418 of the Code of Civ. Pro. The special requirement in divorce cases, as to the form of the summons, is found in sec. 1774. It is there provided that final judgment shall not be rendered in favor of the plaintiff upon the defendant's default in appearing or pleading, unless the copy of the summons served contains legibly written or printed upon the face thereof, "Action to annul a marriage;" "Action for a divorce;" "Action for a separation," as the case may be.

Q. Your client desires you to bring an action in the supreme court against B to collect $1,000 for money loaned; no defense

being anticipated, you wish to dispense with a complaint. Draw the necessary papers to be served upon B to enable you to take judgment by default, in the absence of such complaint, without application to the court.

A. The proper paper to be drawn in this case would be a summons with notice. It is provided in secs. 419 and 420 of the Code of Civ. Pro., that in an action to recover a liquidated amount, judgment may be entered by the clerk without application to the court, where a copy of the complaint is served with the summons, or a notice is served with the summons stating that judgment will be taken against the defendant by default for a certain specified sum if he fails to appear or answer. The form of the summons is the same as in the preceding question, omitting of course the words "Action for a divorce." The following is the form of notice generally used:

NOTICE. Take notice, that upon your default to appear or answer the above summons, judgment will be taken against you for the sum of $1,000, with interest from January 1, 1909, and with costs of this action.

JOSEPH STORY,
Plaintiff's Attorney.

Q. Draw an affidavit of the service of a summons.

A. Supreme Court,

County of New York.

JOHN BROWN, Plaintiff,

against

THOMAS JONES, Defendant.

CITY AND COUNTY OF NEW YORK, Ss.

Peter Smith, being duly sworn, deposes and says that he is nineteen years of age; that on the 10th day of August, 1909, at 320 Broadway, in the city of New York, he served the annexed summons on Thomas Jones, the defendant herein, by delivering a copy to him personally, and leaving the same with him.

Deponent further says that he knew the person so served, to be the same person mentioned and described in said summons as the defendant in this action.

Sworn to before me this

10th day of August, 1909.

ROBERT GREEN,

PETER SMITH.

Notary Public,

New York County.

The summons may be served by any person of the age of eighteen years or upwards other than a party to the action. See sec. 425 of the Code of Civ. Pro.

Q. While A, a resident of the state of Ohio, was in attendance at court as defendant in an action then being tried in the city of Utica, plaintiff caused a summons in another action to be served upon him. A, not wanting any more litigation outside of his own state, consults you. What would you advise, and what steps would you to take, if any, to afford him relief?

A. The service is bad, and will be set aside upon motion. A nonresident party is exempt from service of process while actually attending court here as a party. In making the motion to set the service aside, care should be taken to appear specially for the purpose of the motion. Matthews v. Tufts, 87 N. Y. 568.

Q. A is a resident of a foreign country who attended as a witness in obedience to a subpoena issued from the supreme court of Albany County, in an action there on trial in the city of Albany. Before he was sworn as a witness, a summons was served upon him in a suit where B, a resident of Albany, was plaintiff. A immediately caused a notice of appearance in the action to be served by C, an attorney of Albany. Was the service regular? What was the effect of the notice of appearance?

A. The service was irregular, but the notice of appearance cured the irregularity, and gave the court jurisdiction. "A resident of a

foreign state, while attending the court of this state as a witness, cannot be served with a process for the commencement of a civil action against him." Person v. Grier, 66 N. Y. 124. "While a person attending court as a witness is privileged from service, such privilege will be waived by a general appearance in the action." Chadwick v. Chase, 5 Weekly Dig. 589.

(NOTE.) "A resident witness is, while attending examination, exempt from arrest, but not from the service of process. A different rule applies to nonresident witnesses." Frisbie v. Young, 11 Hun, 474.

Q. In an action where A was defendant, and B plaintiff, the original summons was entitled in the city court, but the summons delivered to A was entitled in the supreme court. Which court has jurisdiction?

A. The supreme court has jurisdiction. A party may always treat a paper served upon him as a true copy of the original, and act accordingly; therefore as the copy here was entitled in the supreme court, that court has jurisdiction. Bailey v. Sargent Co., 23 Civ. Pro. 319.

Q. In a case where you get an order for the service of the summons on a defendant by publication, and thereafter serve him personally without the state, when does his time to answer expire?

A. The defendant's time to answer expires sixty-two days after personal service upon him outside of the state. "Under the provisions of the Code in reference to the service of a summons by publication, such service is not complete until the expiration of at least six weeks from the time of the first publication, or when service is made out of the state, until the expiration of that period after such service." Market Nat. Bank v. Pacific Nat. Bank, 39 N. Y. 397. For service by publication, see secs. 438 to 445 of the Code, inclusive.

Amended, 914; Indarraj

Q. The time in which to commence an action is about to expire, and you cannot personally serve the defendant until two weeks, when your time will have expired. What proceeding would you take in order to get the action under way?