Legal Opinion · Dissent

Syracuse Moulding Co. v. Squires

New York Supreme Court

Decided July 15, 1891Published

Appeal from Madison county court. Action by the Syracuse Moulding Company against Fred. D. Squires. A judgment for plaintiff was affirmed by the county court on appeal from a justice of the peace, and defendant again appeals. Code Civil Proc.

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Appeal from Madison county court. Action by the Syracuse Moulding Company against Fred. D. Squires. A judgment for plaintiff was affirmed by the county court on appeal from a justice of the peace, and defendant again appeals. Code Civil Proc. N. Y. § 526, is as follows: “The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as the matters therein stated to be alleged on information and belief, and that as to those matters he believes to be true. Where it is made by a person other than the party, he must set forth in the…

1Dissent

Martin, J.,

(dissenting.) I cannot concur in the conclusion reached by a majority of the court that the judgment should be reversed on the ground that the constable’s return was insufficient to justify the justice in rendering the judgment appealed from without further proof. It is true that in the case of McMullin v. Mackey, 6 N. Y. Supp. 885, Merwin, J., said that a similar return was insufficient. ' In that case the ease of Wilkinson v. Bayley, 71 Wis. 131, 36 N. W. Rep. 836, was cited, and much relied upon as sustaining that doctrine. An examination of that case at first seems to indicate…

2Cases cited3 opinions

  1. Matteson v. SmithWisconsin Supreme Court · 1875
  2. McMullin v. MackeyNew York Supreme Court · 1889
  3. Wilkinson v. BayleyWisconsin Supreme Court · 1888

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