Fogg v. Child & Fitzhugh
New York Supreme Court
This was an appeal from a judgment of the Monroe county court. The action was commenced before a justice of the peace. It was brought against the defendants, as common carriers, to recover the value of a quantity of garden seeds delivered to them by the plaintiff, to'be carried from-Rochester to Brockville, Canada West, and which they failed to deliver.
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This was an appeal from a judgment of the Monroe county court. The action was commenced before a justice of the peace. It was brought against the defendants, as common carriers, to recover the value of a quantity of garden seeds delivered to them by the plaintiff, to'be carried from-Rochester to Brockville, Canada West, and which they failed to deliver. The action was commenced by a summons issued on the 13th and returnable on the 19th of June, 1850, which was returned “ Personally served on Robert F. Child, June 13, 1850 nothing being said as to the other defendant, Fitzhugh. On the return…
1Opinion of the Court
By the Court, Johnson, J.
The revised statutes (2 R. S. 228, § 17,) require the constable serving a summons to return thereon in writing the time and manner in which he executed the same. There is nothing in the statute requiring negative additions in the return in cases where the summons is against several, and they cannot be necessary to give the justice jurisdiction to proceed in the case, where the return shows a good *250service upon one. (Cowen’s Tr. 2d ed. 504.) It would certainly be convenient and useful to the justice to be informed negatively, as well as affirmatively, how the summons…
2Cited by7 opinions
- Converse v. BlumrichMichigan Supreme Court · 1866
- Tiborsky v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1905
- Dickman v. WilliamsMississippi Supreme Court · 1874
- Decker v. SextonAppellate Terms of the Supreme Court of New York · 1896
- Brown v. KnopMichigan Supreme Court · 1904
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