Abbott v. New York Central
The Superior Court of New York City
Appeal from an order. Wilson S. Abbott sued the New York Central & Hudson- River Railroad Company in the Buffalo supe-, rior court. The facts are stated in the opinion.
1Opinion of the Court
By the Court.*—Verplanok, Ch. J.
This is an *466appeal from, an order denying a motion to set aside the summons and complaint in this action, on the ground that the summons was issued under subdivision 2 of section 139 of the Code of Procedure, the action being to recover a penalty forfeited by the defendants under the provisions of an act of the legislature to prevent extortion by railroad companies, passed in 1857, as appears by an indorsement on the summons, and as also appears by said complaint.
It is very doubtful whether an appeal lies from the decision of the special to the general term in…
2Cases cited5 opinions
- Bigelow v. JohnsonNew York Supreme Court · 1816
- Bank of Waterville v. BeltserNew York Supreme Court · 1856
- Johnson v. KempNew York Supreme Court · 1855
- Morehouse v. CrilleyNew York Supreme Court · 1853
- People v. BennettNew York Supreme Court · 1857