Columbia Turnpike Road v. Haywood
New York Supreme Court
Error from the Columbia common pleas. The Columbia Turnpike Company sued Haywood in the justices’ court of the city of Hudson, claiming from him a penalty of $25, for forcibly or fraudulently passing a toll-gate of the company without paying the legal toll.
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Error from the Columbia common pleas. The Columbia Turnpike Company sued Haywood in the justices’ court of the city of Hudson, claiming from him a penalty of $25, for forcibly or fraudulently passing a toll-gate of the company without paying the legal toll. The defendant was served with a summons, and on the return thereof the parties appeared, the plaintiffs declared, and the defendant put in a plea of the general issue; it being however agreed that the pleadings might be altered, if either party required it. The cause was adjourned, and on the adjourned day the defendant put in a plea in…
1Opinion of the Court
By the Court,
Savage, C. J.
In relation to the time of service of process and notices, the law does not regard fractions of a day. For the purpose of ascertaining the priority of liens upon real estate, the true time of docketing a judgment or recording a mortgage will be inquired into. So, for the purpose of ascertaining the conflicting claims of creditors upon personal property, the true time of delivering an execution to a sheriff, where several have been delivered on the same day* will be inquired into. But in the service of process, or of notices or pleadings in a cause, fractions of a day…
2Cases cited2 opinions
- Bleecker v. BallouNew York Supreme Court · 1829
- Small v. EdrickNew York Supreme Court · 1830
3Cited by21 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Bunce v. ReedNew York Supreme Court · 1853
- Arnold v. NyeMichigan Supreme Court · 1871
- Ward v. WaltersWisconsin Supreme Court · 1885
- People ex rel. Chaddock v. BarryMichigan Supreme Court · 1892
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