Hoose v. Sherrill
New York Supreme Court
False imprisonment. The plaintiff declared in the usual form-for an assault, battery and false imprisonment, against the defendant Sherrill and two other persons. Sherrill alone appeared to the action, and pleaded that at the time when,
1Opinion of the Court
By the Court, Nelson, C. J.
A justice has jurisdiction to issue a summons as the first process in the commencement of a suit before him, in all cases where the defendant is a freeholder or an inhabitant having a family within the county where the justice resides, 2 R. S. 227, § 13. Whether it was or was not the appropriate process in this particular case cannot affect this general jurisdiction. If a summons be issued in a case in which it is not the appropriate process, the objection, to be available to the defendant in such process, must be taken before the justice, and if he errs in his…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Rogers v. MullinerNew York Supreme Court · 1831
3Cited by17 opinions
- In re CrowWisconsin Supreme Court · 1884
- Percival v. JonesNew York Supreme Court · 1800
- Reno v. . PinderNew York Court of Appeals · 1859
- Allen v. MillsMichigan Supreme Court · 1872
- Barnes v. HarrisNew York Court of Appeals · 1850
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