Wende v. Bradley
New York Supreme Court
Appeal from a judgment of tbe County Court of Erie county, reversing a judgment in favor of tbe plaintiff, recovered in a justice’s court. The action was begun by a short summons, as tbe defendants were non-residents of Erie county. On the return day of the summons, tbe defendant, before answering, raised various objections to tbe sufficiency of the affidavit on which tbe summons had been issued, which were overruled by the justice.
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Appeal from a judgment of tbe County Court of Erie county, reversing a judgment in favor of tbe plaintiff, recovered in a justice’s court. The action was begun by a short summons, as tbe defendants were non-residents of Erie county. On the return day of the summons, tbe defendant, before answering, raised various objections to tbe sufficiency of the affidavit on which tbe summons had been issued, which were overruled by the justice. The affidavit was as follows: ERIE CouNTY, SS. .' Bernhard R. Wende, being duly sworn, says that he has, as he verily believes, a good cause of action against P.…
1Opinion of the Court
GILBERT, J. :
This court, in 1852, decided that the effect of section 43 of the non-impi’isonment act of 1831, was to continue in force section 19 of article 2, title 4, chapter 2, part 3, of the Revised Statutes (2 R. S., 229); and that the affidavit required by that section is a prerequisite of the jurisdiction of a justice of the peace to issue a short summons, pursuant to section 33 of said act of 1831. (Waters v. Whitamore, 13 Barb., 634.) The rule of law stated in that case has been followed in numerous instances since, and the correctness of it assumed by elementary writers on the…
2Cases cited1 opinion
- Waters v. WhitamoreNew York Supreme Court · 1852