Fox v. Hoyt
Supreme Court of Connecticut
IN ERROR. This was an action of book debt, brought by Fox against Hoyt. The defendant was summoned to appear before Sands Adams, Esq. justice of the peace, at the house of Nathan Gregory, in Stamford, on the 13th day of January, 1838, at 1 o’clock, P. M., then and there to answer unto Richard Fox, &c. On the 20th of January, 1838, justice Adams rendered a judgment for the plaintiff, the record of which is as follows : — “ Fairfield county, ss.
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IN ERROR. This was an action of book debt, brought by Fox against Hoyt. The defendant was summoned to appear before Sands Adams, Esq. justice of the peace, at the house of Nathan Gregory, in Stamford, on the 13th day of January, 1838, at 1 o’clock, P. M., then and there to answer unto Richard Fox, &c. On the 20th of January, 1838, justice Adams rendered a judgment for the plaintiff, the record of which is as follows : — “ Fairfield county, ss. Stamford, January 20th, 1838. At a justice’s court, holden at Stamford, at the house of Nathan Gregory, by the subscribing authority, on the day above…
1Opinion of the CourtChurch, J.
The record of the justice court shows, with sufficient certainty, that the defendant, in the original action, upon a proper process, legally served, and in a case of which the justice had jurisdiction, was legally summoned to appear before justice Adams, on the 13th day of January, 1838; and that on that day, the justice was absent from the town where the trial was to be had. The record then proceeds to state, that on the said 13th day of January, “ the parties were duly notified” to appear again for trial on the 20th day of January, at 2 o’clock, P. M., when the plaintiff appeared, and the…
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