Brandon v. . Avery
New York Court of Appeals
Appeal from the Supreme Court. Action originally commenced in a justice’s court, before the police justice of the village of Dion, in the county of Herkimer, by summons in the usual form. Whether the summons was served, or where, did not appear; bu.t on its return-day the parties came before the justice in Dion, and joined issue.
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Appeal from the Supreme Court. Action originally commenced in a justice’s court, before the police justice of the village of Dion, in the county of Herkimer, by summons in the usual form. Whether the summons was served, or where, did not appear; bu.t on its return-day the parties came before the justice in Dion, and joined issue. The complaint was for trespass on lands in the town of Litchfield (where both the parties resided), which adjoins the town of German Flats, wherein Dion is situated. The defendant interposed the plea of title by answer in writing, making no objection to the…
1Opinion of the Court
Comstock, Ch. J.
The act chartering the village of Dion creates a police justice, and gives to him, within the village, the jurisdiction of a justice of the peace of the town of German Flats. (Laws of 1854, ch. 127.) The cause of action upon which this suit Was brought, arose in another town within the county of Herkimer; but it was of a transitory nature in justices’ courts, and could be tried before any justice of the peace, provided the parties were regularly before him. (Code, § 53, sub. 2; 2 R. S., 225, § 2, sub. 2; Graves v. McKeon, 2 Denio, 639.) For the same reason, and under the same…
2Cases cited2 opinions
- Sill v. . the Village of CorningNew York Court of Appeals · 1857
- Graves v. McKeonNew York Supreme Court · 1846
3Cited by25 opinions
- Curtin v. . BartonNew York Court of Appeals · 1893
- The People Ex Rel. Sinkler v. . TerryNew York Court of Appeals · 1888
- Geraty v. . ReidNew York Court of Appeals · 1879
- Ward Baking Co. v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1923
- In re SchultesAppellate Division of the Supreme Court of the State of New York · 1898
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