Legal Opinion

Pope v. Hart

New York Supreme Court

Decided January 28, 1862PublishedCited by 8 opinions

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.

Read the full summary

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

  1. Bush v. . LathropNew York Court of Appeals · 1860
  2. Seymour v. . WilsonNew York Court of Appeals · 1859
  3. Sleght v. HartshorneNew York Supreme Court · 1807
  4. Whitney v. ShufeltCourt for the Trial of Impeachments and Correction of Errors · 1845
  5. Seymour v. WilsonNew York Court of Appeals · 1856

3Cited by8 opinions

  1. Kenyon v. . the PeopleNew York Court of Appeals · 1863
  2. Wrege v. JonesNorth Dakota Supreme Court · 1904
  3. Bozeman v. RoseSupreme Court of Alabama · 1866
  4. Lally v. EmeryNew York Supreme Court · 1889
  5. Hubbell v. AldenNew York Supreme Court · 1870

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API