Hoffman v. Fish
New York County Courts
Motion to set aside a judgment, or for a stay of proceedings. The plaintiff, Christopher Hoffman, procured a summons to be issued by a justice of the peace residing in the town, of Bergen, in favor of said plaintiff, against Eli H. Fisher, defendant, requiring him to appear before the said justice at a time and place therein specified, to answer the plaintiff, &c., and delivered the same to a constable to be served.
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Motion to set aside a judgment, or for a stay of proceedings. The plaintiff, Christopher Hoffman, procured a summons to be issued by a justice of the peace residing in the town, of Bergen, in favor of said plaintiff, against Eli H. Fisher, defendant, requiring him to appear before the said justice at a time and place therein specified, to answer the plaintiff, &c., and delivered the same to a constable to be served. The constable served the summons on Eli H. Fish, who was the intended defendant, and made the return on said summons as follows: “ Personally served on Eli H. Fish, supposed to be…
1Opinion of the CourtMoses Taggart, C. J.
In the case of Griswold a. Sedgwick (6 Cow., 456), the process of arrest recited that by an order made by Wm. B. Vau Hess, J., in a case between Daniel S. Griswold, plaintiff, and Hill, defendant, that Griswold pay the clerk of that court $1,200 in ten days after notice of order. And whereas the said Samuel S. Griswold had neglected to comply with the order, although more than ten days had elapsed, it commanded the marshal to take the said Samuel S. Griswold, &c., and keep him in custody until he should perform the order, or until the court should make order to the contrary. Daniel S.…
2Cases cited6 opinions
- Farnham v. HildrethNew York Supreme Court · 1860
- Griswold v. SedgwickNew York Supreme Court · 1826
- Hall v. HallMassachusetts Supreme Judicial Court · 1804
- Gates v. WardNew York Supreme Court · 1854
- Webster v. HopkinsNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.