Buck v. Waterbury & Jordan
New York Supreme Court
This was an appeal from a judgment of the Saratoga county court. The plaintiff sued the defendants in a justice’s court. The summons was returned by the constable personally served on the defendant Waterbury. There was no return as to Jordan, the other defendant.
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This was an appeal from a judgment of the Saratoga county court. The plaintiff sued the defendants in a justice’s court. The summons was returned by the constable personally served on the defendant Waterbury. There was no return as to Jordan, the other defendant. The complaint contained three counts; one for work, labor and services, demanding $90 as the balance due; and the others for the breach by the defendants of a contract between the parties, in dismissing the plaintiff and his infant children from the employment of the defendants, in their woolen factory, before the expiration of the…
1Opinion of the Court
By the Court, Willard, P, J.
As neither of the defendants appeared, and the justice tried the cause ex parte, the defendants are entitled to raise the same objection as to jurisdiction as if the point had been raised in the court below. The revised statutes, (2d vol. § 122,) settle this question against the objection. That section is in these words : “ If process shall have issued against -two or more persons jointly indebted, and shall have been personally served upon either of the defendants, the defendant who may have been served with process, shall answer to the plaintiff; and the judgment…
2Cases cited6 opinions
- Crary v. SpragueNew York Supreme Court · 1834
- Lamoure v. CarylNew York Supreme Court · 1847
- Dolittle v. EddyNew York Supreme Court · 1849
- Harger v. EdmondsNew York Supreme Court · 1848
- Spencer v. Saratoga & Washington RailroadNew York Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nellis v. McCarnNew York Supreme Court · 1861