Hayward v. Hoyt
New York Supreme Court
This suit was commenced by an original writ, sued out of and returnable in this court. The action is on a promissory note made at St. Catharines, in Upper Canada. One of the defendants on whom the writ was served resides in New-York, the other in Canada. A motion is made to quash the writ.
1Opinion of the Court
By the Court,
Savage, Ch. J.
An original writ was anciently the common mode of commencing a suit; it issued out of chancery. It was a common law proceeding, but was regulated by our statute of 17th February, 1815, which directed such writs to be issued out of the courts in which they are returnable, instead of being issued out of chancery. This statute has been repealed, and the revised statutes have provided that “ original writs, whenever the same shall he necessary, shall issue out of and under the seal of the court in which they shall be returnable, and shall be tested in the same manner as…
2Cited by3 opinions
- Case of the Twelve CommitmentsNew York Court of Common Pleas · 1865
- Rowley v. Chautauque County BankNew York Supreme Court · 1837
- Ortman v. DustinCircuit Court of the 10th Circuit of Michigan · 1867