Glass v. Place

The error which the defendant alleges occurred on the trial in the District Court, and for which he seeks a reversal of the judgment, was in the refusal of the justice to dismiss the action when it appeared that the plaintiff was a non-resident of the county, the action having been commenced by a long summons. This objection, accompanied by proof that no security for costs had been filed, was held by the general term of this court, in Hallenbeck v. Gillies (7 Abb. 421), Brady, J., dissenting; and again, in Dean v. Cannon, (1 Daly, 34), decided in 1860, to be fatal to an action. This was so…