Pope v. Hart
New York Supreme Court
THIS action was brought before a justice of the peace of Cortland county, and was commenced by warrant. The affidavit, on which the warrant was issued, was in the words and figures following, to wit: “State of Hew York, Cortland county, ss.
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THIS action was brought before a justice of the peace of Cortland county, and was commenced by warrant. The affidavit, on which the warrant was issued, was in the words and figures following, to wit: “State of Hew York, Cortland county, ss. Seth Pope of Cortland, in said county, being duly sworn, says that he has, as he verily believes, a good cause of action against Henry Hart of Summer Hill, in the county of Cayuga, for fraud and deceit, in the sale by him of a certain pair of horses to this deponent in the year 1857. This deponent makes application for a warrant therefor against the said…
1Opinion of the Court
By the Court, Baloom, P. J.
A warrant is the only process by which a person can commence an action for a tort or wrong before a justice of the peace of the county in which he resides, against a non-resident of such county. (3 R. S. 5th ed. 429, § 15. Id. 462, § 213. Benedict’s Treatise, 3d ed. 68, 69. 1 Cowen’s Treatise, 2d ed. 461, 462.) And it is provided by statute, that “In all cases, on application for a warrant, except where the suit shall have been commenced by summons, the person applying shall, by affidavit, state the facts and circumstances within his knowledge, showing the grounds…
2Cases cited5 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Seymour v. . WilsonNew York Court of Appeals · 1859
- Sleght v. HartshorneNew York Supreme Court · 1807
- Whitney v. ShufeltCourt for the Trial of Impeachments and Correction of Errors · 1845
- Seymour v. WilsonNew York Court of Appeals · 1856
3Cited by8 opinions
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- Wrege v. JonesNorth Dakota Supreme Court · 1904
- Bozeman v. RoseSupreme Court of Alabama · 1866
- Lally v. EmeryNew York Supreme Court · 1889
- Hubbell v. AldenNew York Supreme Court · 1870
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