Legal Opinion
Case v. Van Ness
New York Supreme Court
Decided January 15, 1800PublishedCited by 1 opinion
On certiorari from a justice’s court. The exception relied upon for the plaintiff in error was, that it did not appear from the justice’s return, that he held his court at the place appointed in the summons.
1Per curiam
This exception is fatal, as the defendant below did not appear, and the judgment against him was given by default,(a)
Judgment reversed.
See Stewart v. Meigs, 12 Johns. R. 417. Also Stewart v. Smith, 17 Wend. 517. For the form and general requisites of a certiorari to a justice of the peace, see Co wen’s Treatise, 2d edit, 1093, 1096.
2Cases cited1 opinion
- Stewart v. SmithNew York Supreme Court · 1837
3Cited by1 opinion
- Stewart v. MeigsNew York Supreme Court · 1815