Perry v. Tynen
New York Supreme Court
THIS was an action, commenced before a justice of the peace, by the plaintiffs, against the defendant, for the recovery of several penalties for violations of the 15th section of the title of the revised statutes in relation to excise, &e. (1 R. iS. 680, § 15, Is# ed.; 17 th sec. in 2>d ed.) The suit was commenced by summons.
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THIS was an action, commenced before a justice of the peace, by the plaintiffs, against the defendant, for the recovery of several penalties for violations of the 15th section of the title of the revised statutes in relation to excise, &e. (1 R. iS. 680, § 15, Is# ed.; 17 th sec. in 2>d ed.) The suit was commenced by summons. The justice indorsed on the summons, at the time it was issued, the following: “ According to the provisions of title 9, part 1, chapter 20 of the statute of Excise and the regulation of taverns and groceries. John T. Carr, justice of the peace.” The constable returned…
1Opinion of the Court
By the Court, Paige, J.
The indorsement on the summons was a compliance with the 7th section of the article of the revised statutes in relation to actions for penalties and forfeitures. (2 R. B. 481, lsí ed.) This section only requires that a general reference to the statute which gives the action shall be indorsed. The reference in this case was to the title; which is not subdivided into articles. This was sufficient. (17 Wend. 87. 1 R. B. 687.)
The justice had authority to allow the constable to amend his return. Justices have the same powers, in respect to amendments, as courts of record.…
2Cases cited4 opinions
- Downing v. RugarNew York Supreme Court · 1839
- Green v. MillerNew York Supreme Court · 1810
- People v. StoneNew York Supreme Court · 1832
- Pickert v. DexterNew York Supreme Court · 1834
3Cited by12 opinions
- Kavanaugh v. City of WausauWisconsin Supreme Court · 1904
- Board of Commissioners of Excise of Delaware County v. SackriderNew York Court of Appeals · 1866
- People on rel. Adams v. BakerNew York Supreme Court · 1861
- Secor v. LawThe Superior Court of New York City · 1862
- Board of Commisioners of Excise v. Doherty, New York County Courts1857
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