Delancy v. Nagle
New York Supreme Court
This cause was commenced in a justice’s court, where the plaintiff obtained a judgment. The defendant appealed to the county court of Franklin county, and the county judge having been counsel for one of the parties, certified the cause to this court. The opinion states the material facts.
1Opinion of the Court
By the Court, Willard, P. J.
This action was tried before a justice and a jury of Franklin county, in December, 1851, when the plaintiff obtained a verdict. The defendant appealed to the county court, and the county judge certifies that he had been counsel in the cause, and the cause is thus transferred to this court by the amended judiciary act of 1847.
The first objection taken by the defendant is to the summons. It is not set out at length, but it is stated that it required the defendant to answer the plaintiff “in a civil action for damage and false representations in the sale of a horse.”…
2Cases cited2 opinions
- M'Neil v. ScoffieldNew York Supreme Court · 1808
- Reynolds v. BedfordNew York Supreme Court · 1805
3Cited by4 opinions
- Di Lodovico v. Dotson, New York County Courts1958
- Workman v. Bolen, New York County Courts1971
- Heath v. KylesThe Superior Court of New York City · 1888
- Heath v. KylesSuperior Court of Buffalo · 1888