Dearborn v. Kent
New York Supreme Court
The plaintiff declared upon two judgments rendered in hia favor against the defendants by a justice of the county of Oneida.
Read the full summary
The plaintiff declared upon two judgments rendered in hia favor against the defendants by a justice of the county of Oneida. It is stated in the declaration that the plaintiff, on the 20th April, 1824, “ by the consideration and judgment of a certain court of the people of the state of New-York called a justice’s court holden by virtue of the statute in that behalf made and provided, before N. L., Esquire, at his office in the town of Rome, in the county of Oneida, then being one of the justices of the peace of the said people, in and for the said county of Oneida, recovered against the…
1Opinion of the Court
By Site, Court,
Savage, Ch. J.
The demurrer being gene» ml, it is only necessary to inquire whether the replications are good in substance. The point of defence in both special pleas is the want of jurisdiction in the justice, though the facts stated in them are somewhat different. The first alleges the want of appearance, or service of process, and denies any joint liability with the defendant Rose. The replication in answer to this plea does not aver the appearance of the defendant Kent; but it avers the joint indebtedness of the defendants Kent and Rose, the non-residence of the plaintiff,…
2Cited by4 opinions
- Bishop v. QuintardSupreme Court of Connecticut · 1847
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
- Auburn & Owasco Canal Co. v. LeitchNew York Supreme Court · 1847
- Gill v. StebbinsU.S. Circuit Court for the District of Southern New York · 1828