Buyce v. Buyce
New York Supreme Court
Appeal from Hamilton county court; Clarence W Smith, Judge. Action brought by Nelson Buyce against George Buyce, as commissioner of highways of the town of Wells. The ease was originally begun in justice’s court, where plaintiff had judgment, and defendant appealed to the county court. On trial in that court plaintiff again obtained a judgment, from which, and from an order denying a new trial, defendant appealed.
1Opinion of the CourtLearned, P. J.
The plaintiff commenced his action in justice’s court by summons against “George Buyce as commissioner of highways of the town of Wells.” He filed a written complaint, in which the defendant was described in the same manner in the title. In the body of the complaint he speaks of the “defendant,” not mentioning either name or title. But just as the word “plaintiff” in the complaint refers to the name in the title, so does the word “defendant.” It is as if the complaint read: “Nelson Buyce, in complaint, * * * alleges that * * * by direction of George Buyce, as commissioner of highways of the…
2Cases cited3 opinions
- Smith v. . LevinusNew York Court of Appeals · 1853
- Gould v. GlassNew York Supreme Court · 1855
- Boots v. . WashburnNew York Court of Appeals · 1879