Arnold v. Maltby
New York Supreme Court
Error to the Erie common pleas to review a judgment of that court affirming one rendered in favor of the plaintiff by a justice of the peace. The facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court, Jewett, J.
The ground of error relied on is that there was a year between the date and return of the summons. The statute" provides that a summons shall command the constable to summon the defendant to appear before the justice who issued it, at a time and place to be named in such summons, not less than six nor more than twelve days, from the date of the same. (2 R. S. 228, § 14.) The return shows that in fact the summons was issued on the 3d day of January, 1846, but it was dated January 3d, 1845, and made returnable on the 10th day of January then instant. It was personally…
2Cited by9 opinions
- Bishop v. DonnellMassachusetts Supreme Judicial Court · 1898
- Kidd v. DoughertyMichigan Supreme Court · 1886
- Cornell v. BennettNew York Supreme Court · 1852
- Epstein v. ProsserAppellate Division of the Supreme Court of the State of New York · 1909
- Richmond Sales Co. v. MorrisAppellate Division of the Supreme Court of the State of New York · 1913
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