Barnes v. Harris
New York Court of Appeals
Barnes brought an action of debt in the supreme court against Harris, upon a judgment rendered by a justice of the peace.
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Barnes brought an action of debt in the supreme court against Harris, upon a judgment rendered by a justice of the peace. The declaration alledged that on the 17th day of May, 1844, at Norwich, in the county of Chenango, the said' plaintiff, by the consideration and judgment of Harvey Hubbard, Esq., then and yet a justice of the peace of the said town of Norwich, in and for the said county of Chenango, and then and there sitting and acting as such justice, pursuant to the statute, recovered against the said defendant the sum of $100 damages and ninety cents costs, in an action of assumpsit…
1Opinion of the CourtGardiner, J.
The only objection to the declaration, which is important to be considered, is, that it does not state facts necessary to give the justice jurisdiction of the person of the defendant. It may be assumed as a principle, to which it is believed there is no exception, that a court having authority to issue process, acquires jurisdiction of the person of the defendant, prima facie, by a personal service of that process upon him *377iu the maimer required by law. The 11th section of 2 B. S. 226, 2d ed. provides among other things, that suits in a justice’s court may be instituted by process, which…
2Cases cited3 opinions
- Hoose v. SherrillNew York Supreme Court · 1836
- Stiles v. StewartNew York Supreme Court · 1834
- Schroephel v. TaylorNew York Supreme Court · 1833
3Cited by6 opinions
- Miller v. SmithMichigan Supreme Court · 1897
- Willits v. WalterOregon Supreme Court · 1898
- Beach v. BakerAppellate Division of the Supreme Court of the State of New York · 1898
- Leonard v. SparksMissouri Court of Appeals · 1890
- People v. WaitAppellate Division of the Supreme Court of the State of New York · 1906
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