Hardy v. Rowe
New York Supreme Court
Error from the Oswego common pleas. Hardy sued Rowe in a justice’s court, and declared against him on ,a justice’s judgment in his favor, against the defendant. The defendant pleaded in abatement, that the plaintiff and himself were both residents of the town of Oswego, and that Oswegowas not an adjoining town to the town of Richland, where the suit was brought.
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Error from the Oswego common pleas. Hardy sued Rowe in a justice’s court, and declared against him on ,a justice’s judgment in his favor, against the defendant. The defendant pleaded in abatement, that the plaintiff and himself were both residents of the town of Oswego, and that Oswegowas not an adjoining town to the town of Richland, where the suit was brought. The plaintiff replied, that the judgment declared on had been assigned to one Brewster, a non-resident of the county of Oswego. The.defendant rejoined, denying the assignment to Brewster. On the issue thus joined, the cause was tried…
1Opinion of the Court
By the Court,
Nelson, J.
The only issue presented by the pleadings was in reference to the assignment of the judgment declared on. The assignment was proved, to the satisfaction of the court, and yet they directed a verdict for the defendant, upon the assumption that the question was one of law, the court considering the denial of the assignment by the defendant as a negation of the rule of law contended for by the plaintiff, even if the assignment was proved. In this conclusion the common pleas erred. Some regard must be had to the pleadings and to the forms of proceedings in justices’ courts,…
2Cases cited1 opinion
- Schermerhorn v. SchermerhornNew York Supreme Court · 1830
3Cited by1 opinion
- Tifft v. TifftNew York Supreme Court · 1847