Woolley v. Wilber
New York Supreme Court
Error to ¡.Dutchess C. P. Wilber sued Woolley before a justice by summons, claiming damages to $100. He declared in trespass for killing his dog. There were two counts, each of which concluded “to the plaintiff’s damage of one hundred dollars.” The defendant pleaded the general issue, and the cause was adjourned by consent of parties, after the plaintiff had demanded a trial by jury. On the adjourned day, the parties appeared, a venire was returned, and a jury sworn.
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Error to ¡.Dutchess C. P. Wilber sued Woolley before a justice by summons, claiming damages to $100. He declared in trespass for killing his dog. There were two counts, each of which concluded “to the plaintiff’s damage of one hundred dollars.” The defendant pleaded the general issue, and the cause was adjourned by consent of parties, after the plaintiff had demanded a trial by jury. On the adjourned day, the parties appeared, a venire was returned, and a jury sworn. The defendant then suggested that the justice had no jurisdiction, as the declaration claimed more than one hundred dollars…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The summons was right; it was personally served, and both parties appeared; but as the plaintiff made a mistake in the form of his declaration, by claiming damages beyond the jurisdiction of the justice, it is insisted that the cause was completely out of court, and therefore the justice had no power to allow the amendment. I think that is going too far. It may be conceded, that without an amendment there would have been a fatal objection to the judgment, although the verdict was only ten dollars. (Anon. 2 Mod. 206; Comyn’s Dig. County, C. 8; Yager v. Hannah, 6…
2Cited by4 opinions
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Jaycox v. PinneyNew York Supreme Court · 1872
- Jennings v. Piwinski, New York County Courts1928
- People v. WaitAppellate Division of the Supreme Court of the State of New York · 1906