Willins v. Wheeler
New York Supreme Court
Appeal from a judgment of the county court of Kings county, affirming a judgment of a justice’s court. Willins sued Wheeler in a justice’s court of the city of Brooklyn on the 27th day of February, 1858, by a long summons returnable on the 10th day of March, 1858. On the return day of the summons the defendant Wheeler appeared before the justice and stated that “ he did not appear in the action, that he was a non-resident,” and declined further to plead.
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Appeal from a judgment of the county court of Kings county, affirming a judgment of a justice’s court. Willins sued Wheeler in a justice’s court of the city of Brooklyn on the 27th day of February, 1858, by a long summons returnable on the 10th day of March, 1858. On the return day of the summons the defendant Wheeler appeared before the justice and stated that “ he did not appear in the action, that he was a non-resident,” and declined further to plead. The defendant then left the court-room, and an adjournment was taken for one week. On the adjourned day plaintiff appeared, entered his…
1Opinion of the Court
By the Court.—Emott, J.
If Wheeler was a non-resident of the county of Kings, the justice acquired no jurisdiction of his person by the service of the summons which he issued, and which was returnable more than four days from the date thereof. Section 33 of the non-imprisonment act (Laws of 1831, ch. 300), not only prescribes a short summons as the only process by which a non-resident can be sued in a j Mice’s court, in cases where a warrant cannot be issued, but goes on to declare that if such a defendant is otherwise proceeded against, “ the justice shall have no jurisdiction of the case.”…
2Cited by3 opinions
- People Ex Rel. Ballin v. . SmithNew York Court of Appeals · 1906
- Newcombe v. CohnAppellate Terms of the Supreme Court of New York · 1901
- Griffin v. NortonSuperior Court of Buffalo · 1886