Robinson v. West
New York Supreme Court
This was a writ of error to review the judgment of the superior court of the city of New-York, on certiorari to the marine court of that city. In the superior court, errors of fact were assigned, by the plaintiff in error, as follows. 1st. That he was a non-resident of the city of New-York. 2d. That he was sued in the marine court of that city, in an action of assumpsit, by being summoned six days before the suit, instead of by a short summons. 3d.
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This was a writ of error to review the judgment of the superior court of the city of New-York, on certiorari to the marine court of that city. In the superior court, errors of fact were assigned, by the plaintiff in error, as follows. 1st. That he was a non-resident of the city of New-York. 2d. That he was sued in the marine court of that city, in an action of assumpsit, by being summoned six days before the suit, instead of by a short summons. 3d. That he was not liable to be sued, in,that court, except by a short summons, returnable not less than two, nor more than four days from the date…
1Opinion of the Court
By the Court,
Mitchell, J.
The plaintiff in error, although he was a non-resident of the county of New-York, was sued in the marine court of that city, by West, in an action of assumpsit, on a summons returnable ten days after it was issued, and served six days before the return day.
The non-imprisonment act (Laws of 1881, p. 403, § 33) provides, that in such cases, the defendant shall be proceeded against by summons, or attachment, returnable not less than two, nor .more than four days from the date thereof; “ and if such defendant be proceeded against otherwise, the justice shall have no…
2Cited by6 opinions
- Clapp v. . GravesNew York Court of Appeals · 1863
- Clark v. Van VranckenNew York Supreme Court · 1855
- Belden v. New-York & Harlem RailroadNew York Supreme Court · 1857
- Clapp v. GravesNew York Court of Common Pleas · 1858
- Fallon v. McCunnThe Superior Court of New York City · 1860
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