Tanner v. Marsh
New York Supreme Court
APPEAL from a judgment of the county court of Erie county, reversing a judgment of a justice of the peace. The plaintiff commenced an action in a justice’s court, against the defendant, by a short summons, which was personally served. The defendant did not appear before the justice, and judgment was rendered in favor of the plaintiff", and the defendant appealed to the county court.
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APPEAL from a judgment of the county court of Erie county, reversing a judgment of a justice of the peace. The plaintiff commenced an action in a justice’s court, against the defendant, by a short summons, which was personally served. The defendant did not appear before the justice, and judgment was rendered in favor of the plaintiff", and the defendant appealed to the county court. That court, upon affidavits' tending to excuse the default of the defendant, and to show that at the time when the summons was served, the defendant was a resident of the county of Erie, reversed the judgment of…
1Opinion of the Court
By the Court, Daniels, J.
The county court reversed the judgment of the justice, because- it became satisfied, from the affidavits produced and read upon the hearing in that court, that the defendant was a resident of the county of Erie, and could not therefore be sued by a short • summons. With the correctness of this conclusion, this court, upon the present appeal, has nothing whatever to do. ' (Wavel v. Wiles, 24 N. Y. Rep. 635.) The question *439presented for its consideration' is, whether that court could properly reverse the justice’s judgment when it became satisfied, from the affidavits,…
2Cases cited3 opinions
- Harvey v. RickettNew York Supreme Court · 1818
- Camp & Ball v. BennettNew York Supreme Court · 1836
- Wavel v. . WilesNew York Court of Appeals · 1862
3Cited by8 opinions
- Tucker v. PfauNew York Supreme Court · 1893
- People v. YoungNew York Supreme Court · 1895
- Brown v. Niagara Machine Co.Superior Court of Buffalo · 1889
- Monroe v. WhiteAppellate Division of the Supreme Court of the State of New York · 1898
- Stilwell v. Rowe, New York County Courts1913
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