Syracuse Moulding Co. v. Squires
New York Supreme Court
Appeal from Madison county court. Action by the Syracuse Moulding Company against Fred. D. Squires. A judgment for plaintiff was affirmed by the county court on appeal from a justice of the peace, and defendant again appeals. Code Civil Proc.
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Appeal from Madison county court. Action by the Syracuse Moulding Company against Fred. D. Squires. A judgment for plaintiff was affirmed by the county court on appeal from a justice of the peace, and defendant again appeals. Code Civil Proc. N. Y. § 526, is as follows: “The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as the matters therein stated to be alleged on information and belief, and that as to those matters he believes to be true. Where it is made by a person other than the party, he must set forth in the…
1Per curiam
The appellant challenges the validity of the judgment in this case on the grounds (1) that the authority of the plaintiff’s attorney to appear for it was not proved as required by section 2890 of the Code of Civil Procedure; (2) that the justice acquired no jurisdiction of the parties; (3) that the complaint was not properly verified, as required by chapter 414, Laws 1881, and hence that the justice was not authorized to render the judgment appealed from without further proof; and (4) that the return of the constable was insufficient to justify the justice in entering judgment against the…
2Cases cited1 opinion
- McMullin v. MackeyNew York Supreme Court · 1889
3Cited by2 opinions
- Beardsley v. PopeNew York Supreme Court · 1895
- Southern Pac. Ry. Co. v. United StatedCourt of Appeals for the Ninth Circuit · 1911