Legal Opinion

Paddock v. Guyder

New York Supreme Court

Decided February 15, 1890PublishedCited by 1 opinion

Appeal from special term, Onondaga county. Replevin by Simon D. Paddock against Patrick Guyder, tax collector of the town of Elbridge.

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Appeal from special term, Onondaga county. Replevin by Simon D. Paddock against Patrick Guyder, tax collector of the town of Elbridge. The summons was issued March 30, 1889. The complaint was verified on the same day, and it is alleged the defendant “wrongfully took and wrongfully detains from the said plaintiff the following articles of personal property, which, when this action was commenced, were the property of the plaintiff, to-wit: Ten (10) tons of straw board, in which the plaintiff claims property and right to immediate possession, of the value of four hundred dollars and no cents;…

1Opinion of the CourtHardin, P. J.

By the order from which the appeal is taken it appears that “the defendant, having produced in court and offered to use the assessment roll of said town upon said motion in support of the regularity of said warrant, to which the plaintiff objected because a copy of the same had not been served with the moving papers,” that the court overruled the objection, and permitted the same to be used. We think this was contrary to the general rule of practice, which allows only papers to be used on a motion which have been served.

The order appealed from contains the further clause, viz.: “It is ordered…

2Cases cited4 opinions

  1. Mygatt v. . WashburnNew York Court of Appeals · 1857
  2. People v. Albany C. P.New York Supreme Court · 1832
  3. O'Reilly v. GoodNew York Supreme Court · 1864
  4. Dorwin v. . StricklandNew York Court of Appeals · 1874

3Cited by1 opinion

  1. Paddock v. GuyderNew York Supreme Court · 1893

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