Holmes v. Carley
New York Supreme Court
THIS action was brought before a justice of the peace of the town of Virgil. Both parties resided in the town of Marathon, and the defendant raised the objection that the justice had not jurisdiction, for the reason that he did not reside in a town in which either party resided, or in a town next adjoining the residence of the plaintiff or defendant.
Read the full summary
THIS action was brought before a justice of the peace of the town of Virgil. Both parties resided in the town of Marathon, and the defendant raised the objection that the justice had not jurisdiction, for the reason that he did not reside in a town in which either party resided, or in a town next adjoining the residence of the plaintiff or defendant. The justice overruled the objection, and rendered a judgment against the defendant in favor of the plaintiff for $83.50 damages, besides costs. The Cortland county court reversed the judgment, and the plaintiff appealed from the judgment of the…
1Opinion of the Court · ParkerParker, J.
The question of fact, whether the defendant converted the plaintiff’s wood, as alleged in the complaint, is disposed of by the decision of the justice, in favor of the plaintiff, as is also the question of the amount of damages. The question presented to this court, upon the appeal from the county court is, whether the justice had jurisdiction of the action. This question arises upon the following facts, which appear in the return. The parties, plaintiff and defendant, reside in the town of Marathon; the justice before whom the action was tried, resides in the town of Virgil, all in the…
Also in this document: Opinion of the Court · Mason.
2Cases cited1 opinion
- Tiffany v. GilbertNew York Supreme Court · 1848