Reno v. Pinder
New York Supreme Court
THIS action, was tried at the Otsego circuit in December, 1856, when the plaintiff obtained a verdict against the defendant for $500, damages, The defendant made a bill of exceptions, and the judge who presided on the trial, made an order staying the plaintiff’s proceedings on the verdict, and directed that the defendant’s motion for a new trial, on his exceptions, be first heard at the general term. Two causes of action are set out in the complaint.
Read the full summary
THIS action, was tried at the Otsego circuit in December, 1856, when the plaintiff obtained a verdict against the defendant for $500, damages, The defendant made a bill of exceptions, and the judge who presided on the trial, made an order staying the plaintiff’s proceedings on the verdict, and directed that the defendant’s motion for a new trial, on his exceptions, be first heard at the general term. Two causes of action are set out in the complaint. In one of which the plaintiff, after stating that the defendant had twice maliciously, &c. prosecuted the plaintiff by summons before justices…
1Opinion of the CourtBalcom, J.
It is provided by statute, that “ The constable serving a summons shall return thereupon, in writing, the time and manner in which he executed the same, and sign his name thereto.” (2 R. S. 228, § 16.) The verbal statement which the constable made to the justice, that he personally served the summons upon the plaintiff, on the 14th day of November, 1855, was no evidence of the service of the summons, on which the justice could act; and the indorsement of such statement upon the summons, by the justice, added nothing to its force. ' *426The only evidence which the justice had of the service of the…
2Cited by1 opinion
- Jackson v. SherwoodNew York Supreme Court · 1868