Humphrey v. Persons
New York Supreme Court
THIS action originated in a court held by a justice of the peace. It was founded upon a judgment rendered by Martin Marcley, Esquire, a justice of the peace of Schoharie county, on the 28th day of July, 1842, for $92 damages, and $3.71 costs. The summons in this action was returnable on the 11th day of October, 1854, and required the defendant “ to answer, in a civil action, the complaint of Robert Humphrey, to his damage of one hundred and seventy-five dollars.”
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THIS action originated in a court held by a justice of the peace. It was founded upon a judgment rendered by Martin Marcley, Esquire, a justice of the peace of Schoharie county, on the 28th day of July, 1842, for $92 damages, and $3.71 costs. The summons in this action was returnable on the 11th day of October, 1854, and required the defendant “ to answer, in a civil action, the complaint of Robert Humphrey, to his damage of one hundred and seventy-five dollars.” The summons was returned personally served October 2d, 1854. On the return day the plaintiff appeared before the justice, at the…
1Opinion of the CourtBalcom, J.
Subdivision 7 of section 53 of the code confers jurisdiction upon justices of the peace, of actions on judgments rendered in a court of a justice of the peace, where such actions are not prohibited by section 71. Section 71 only prohibits actions upon such judgments for five years after their rendition; which period had expired before this action was commenced. The jurisdiction conferred on justices of the peace of actions upon such judgments, is general; and it is not limited, as it is in most of the other actions of which they have jurisdiction, to' eases in which the amount claimed does…
2Cases cited9 opinions
- People v. CookNew York Supreme Court · 1852
- Hard v. ShipmanNew York Supreme Court · 1849
- Mitchell v. HawleyNew York Supreme Court · 1847
- Mather & Strong v. BushNew York Supreme Court · 1819
- Groff v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by4 opinions
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- Stone v. WilliamsNew York Supreme Court · 1863
- Nazro v. McCalmont Oil Co.New York Supreme Court · 1885
- Turner v. Van RiperNew York Supreme Court · 1872