Brown v. Cady
New York Supreme Court
Error from the Oneida common pleas. A suit was commenced in a justice’s court in 1531, by one Joseph Parke, junior, in the name of Ezekiel Cady, as plaintiff, against Humphrey Brown.
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Error from the Oneida common pleas. A suit was commenced in a justice’s court in 1531, by one Joseph Parke, junior, in the name of Ezekiel Cady, as plaintiff, against Humphrey Brown. The declaration was in debt, on a judgment in favor of the plaintiff against the defendant, for $17,35 damages, and $1,03 costs, rendered by William Lacey, a justice of the peace, on the 20th October, 1820. The defendant pleaded the general issue and statute of limitations, and gave notice of set off. The cause was tried and the justice rendered judgment for the plaintiff. The defendant appealed to the Oneida…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
Whether the numerous points decided by the court below can be sustained or not, it is not material to enquire into, except as to that arising upon the objection that jurisdiction of the person of the defendant was not shown in the justice who rendered the judgment declared upon. The fact that the justice had such jurisdiction was very material, and should have been established beyond all doubt. The proof lay with the plaintiff, and the means of producing it were in this case peculiarly within his power, as Parke was the constable who served the summons, if any…
2Cited by13 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Butler v. BensonNew York Supreme Court · 1847
- Reno v. . PinderNew York Court of Appeals · 1859
- Beaudrias v. HoganAppellate Division of the Supreme Court of the State of New York · 1897
- Harbour v. EldredMichigan Supreme Court · 1895
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