Legal Opinion

Babcock v. Kuntzsch

New York Supreme Court

Decided February 15, 1895PublishedCited by 2 opinions

Appeal from special term, Onondaga county. Action by John D. Babcock and others against William J. Kuntzsch. Prom an order denying a motion to dismiss and vacate the replevin proceedings instituted by plaintiffs, defendant appeals. Affirmed.

1Opinion of the CourtMartin, J.

This is an appeal from an order made at the Onondaga special term, September 22, 1894, denying the defendant’s motion to dismiss and vacate the replevin proceedings instituted herein by the plaintiffs, and amending the venue of the affidavit upon which the requisition was based. The principal contention of the appellant is that the affidavit thus used was a nullity, because the venue therein did not contain the words “City of Syracuse,” and the letters “ss.,” and that the court had no power or jurisdiction to amend the affidavit by inserting them. Upon the hearing of this motion it *588appeared…

2Cases cited8 opinions

  1. People Ex Rel. Morgenthau v. . CadyNew York Court of Appeals · 1887
  2. People ex rel. Mosher v. StowellNew York Supreme Court · 1879
  3. Mosher v. HeydrickNew York Supreme Court · 1865
  4. People ex rel. Osborne v. County Canvassers of Dutchess CountyNew York Supreme Court · 1892
  5. Pindar v. BlackNew York Supreme Court · 1849

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Pueblo v. Vélez LópezSupreme Court of Puerto Rico · 1961
  2. People v. Vélez LópezSupreme Court of Puerto Rico · 1961

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