Cornell v. Bennett
New York Supreme Court
This was an appeal from a judgment rendered by the county court of Seneca county, upon an appeal from a judgment of a justice of the peace. It appeared- by the return of the justice, that the summons, by which the suit was commenced, was as follows : “ Seneca county, ss. To any constable in the said county, greeting.
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This was an appeal from a judgment rendered by the county court of Seneca county, upon an appeal from a judgment of a justice of the peace. It appeared- by the return of the justice, that the summons, by which the suit was commenced, was as follows : “ Seneca county, ss. To any constable in the said county, greeting. These are, in the name of the people of the state of New-York, to command you to summon Charles Bennett to appear before me the undersigned, a justice of the peace of said county, at my office in the town of Ovid in the said county, on the 2d day of September, 1850, at one…
1Opinion of the Court
By the Court,
T. R. Strong, J.
The contents of a summons for the commencement of a suit before a justice of the peace, are prescribed by 2 R. S. 228, § 14. It must require that the defendant be summoned “ to answer the plaintiff, in the plea in the same summons to be mentioned.” Before the code, it was the practice to designate the plea in the summons, by simply stating a form of action, as “trespass,” or “trespass on the case;” but as all forms of action are abolished by the code, § 69, and § 64, sub. 15, it must now be done in some other manner. It would doubtless be a sufficient designation,…
2Cases cited5 opinions
- Brace v. BensonNew York Supreme Court · 1833
- Wilcox v. ClementNew York Supreme Court · 1847
- Arnold v. MaltbyNew York Supreme Court · 1847
- Baldwin v. CarterNew York Supreme Court · 1818
- Bowen v. FerneNew York Supreme Court · 1819
3Cited by3 opinions
- Smith & Blood v. JoyceNew York Supreme Court · 1851
- Thomas v. KeelerNew York Supreme Court · 1889
- Humphrey v. PersonsNew York Supreme Court · 1857