Farrell v. Calkins
New York Supreme Court
This was an appeal from the Chenango county court. The action was commenced in a justice’s court, by summons issued against all three of the defendants, and personally served on the defendant Mervin Calkins, and by copy upon the defendants Mortimer Calkins and William Sprague. Mervin Galkins appeared at the joining of issue; the other defendants did not appear.
Read the full summary
This was an appeal from the Chenango county court. The action was commenced in a justice’s court, by summons issued against all three of the defendants, and personally served on the defendant Mervin Calkins, and by copy upon the defendants Mortimer Calkins and William Sprague. Mervin Galkins appeared at the joining of issue; the other defendants did not appear. The plaintiff’s complaint was not entitled, and was in these words: “ The plaintiff complains against the defendants, to wit: for breaking open the plaintiff s barn, taking therefrom a, bay mare, and using the same in a rough and…
1Opinion of the Court
By the Court, Mason, P. J.
It seems to me, that there can not be any doubt in this case, from the return of the justice herein, that the justice did render a judgment against all of the defendants. The summons was against all three of them; and *353it was personally served on the defendant Mervin Calkins, and by copy on the defendants Mortimer Calkins and William Sprague. The defendant Mervin Calkins, alone appeared, and the plaintiff declared against all of the defendants ; and the defendant Mervin Calkins, alone put in his answer ; and the cause was adjourned by consent of parties; and on the…
2Cases cited2 opinions
- Richard v. WaltonNew York Supreme Court · 1815
- Holbrook v. MurrayNew York Supreme Court · 1830
3Cited by8 opinions
- United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
- Seymour v. O. S. Richardson Fueling Co.Illinois Supreme Court · 1903
- Altman v. . HofellerNew York Court of Appeals · 1897
- Bamberg v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Hewlett v. Van VoorhisAppellate Division of the Supreme Court of the State of New York · 1921
3 more not listed; retrieve them via the Exa API.