Allen v. Stone
New York Supreme Court
This cause originated in a justice’s court, where Stone was plaintiff and recovered judgment. Allen carried the cause by certiorari to the Washington common pleas, where the judgment was affirmed, and the cause was removed into this court by writ of error. The return showed the following facts: a non-resident plaintiff; a resident defendant; a short summons issued; no affidavit made of the plaintiff’s non-residence, nor any security for costs given.
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This cause originated in a justice’s court, where Stone was plaintiff and recovered judgment. Allen carried the cause by certiorari to the Washington common pleas, where the judgment was affirmed, and the cause was removed into this court by writ of error. The return showed the following facts: a non-resident plaintiff; a resident defendant; a short summons issued; no affidavit made of the plaintiff’s non-residence, nor any security for costs given. The defendant immediately on appearing distinctly objected that no affidavit had been made or security given. The court overruled this objection,…
1Opinion of the Court
By the Court, Cady, J.
Roby G. Stone was plaintiff, and Joseph Allen was defendant in the action before the justice, and I shall so distinguish them in the following opinion.
On the 22d day of November, 1845, James McIntyre, one of the justices of the county of Washington, on the application of Harvey Chalmers on behalf of the plaintiff, issued a summons against the defendant returnable on the 24th day of that month, at one o’clock in the afternoon. The summons was returned personally served, on the day it was issued. On the return day of the summons, the plaintiff appeared by his attorneys,…
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