Bradbury v. Van Nostrand
New York Supreme Court
THIS is an appeal by the plaintiff from a judgment of the Ulster county court, reversing a judgment of a justice of the peace of that county in his favor. ■ The summons by which the suit was commenced before the justice, was issued the 2d day of January, 1865, returnable the 12th day of January, 1864. It was also by mistake, dated in 1864 instead of 1865. On the 12th. day of January, 1865, at the hour designated in the summons, the plaintiff and defendant appeared and…
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THIS is an appeal by the plaintiff from a judgment of the Ulster county court, reversing a judgment of a justice of the peace of that county in his favor. ■ The summons by which the suit was commenced before the justice, was issued the 2d day of January, 1865, returnable the 12th day of January, 1864. It was also by mistake, dated in 1864 instead of 1865. On the 12th. day of January, 1865, at the hour designated in the summons, the plaintiff and defendant appeared and answered before the justice—the defendant requesting the court to be held open until he got his attorney. His attorney shortly…
1Opinion of the Court
By the Court, Miller, J.
A single question is presented in this case, and that is, whether the justice had power to amend the summons by correcting the year named in it. It is not disputed that thé mistake was a clerical one which misled no one, and which was not discovered until after the cause was called and both the parties had appeared and answered before the justice. Even after the defect was known, no objection was taken to the summons on that account, and no motion made to quash the proceedings by reason of the error.
The statute provides that a summons shall in all cases be served at…
2Cases cited2 opinions
- Brace v. BensonNew York Supreme Court · 1833
- Fulton v. HeatonNew York Supreme Court · 1847
3Cited by7 opinions
- Gribbon v. . FreelNew York Court of Appeals · 1883
- Kidd v. DoughertyMichigan Supreme Court · 1886
- Lenham Mercantile Co. v. HerkeNew York Supreme Court · 1907
- Whitmore v. BehmNorth Dakota Supreme Court · 1911
- Epstein v. ProsserAppellate Division of the Supreme Court of the State of New York · 1909
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