Smith & Blood v. Joyce
New York Supreme Court
This action was commenced by the plaintiff in July 1850, before a justice of the peace of Essex county, by a summons. The summons was addressed to any constable, and commanded him to summon the defendant to appear before R. W. L. one of the justices, &c. on, &c. at, &c. “ to answer the complaint of O. S. and D. B. then and there to be exhibited, to their damage of one hundred dollars or under.”
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This action was commenced by the plaintiff in July 1850, before a justice of the peace of Essex county, by a summons. The summons was addressed to any constable, and commanded him to summon the defendant to appear before R. W. L. one of the justices, &c. on, &c. at, &c. “ to answer the complaint of O. S. and D. B. then and there to be exhibited, to their damage of one hundred dollars or under.” It was personally served, and on the return day, the plaintiffs appeared and the defendant failed to appear. The plaintiffs complained orally for balance of hook account, for goods, wares and…
1Opinion of the Court
By the Court,
Willard, P. J.
The first objection is that the summons set forth in the return did not give the justice jurisdiction. It does not state the plea in which the defendant *23was to answer, as required by 2 R. S. 228, § 14. (Ellis v. Merritt, 2 Code Rep. 68.) The code having abolished all the forms of pleading heretofore existing, and all the names of actions, and substituted therefor a civil action, the form of summons prescribed by the revised statutes has become obsolete. It is therefore enough to say in the summons, as was said in this case, that it was to answer the complaint of the…
2Cases cited6 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Griffith v. WellsNew York Supreme Court · 1846
- Sheldon v. ClarkNew York Supreme Court · 1806
- Thompson v. SayreCourt for the Trial of Impeachments and Correction of Errors · 1845
- McPherson v. CheadellNew York Supreme Court · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Abhau v.GrassieIllinois Supreme Court · 1914
- People v. Grass, New York County Courts1913
- Williams v. PeopleAppellate Court of Illinois · 1886
- Association of Mexican-American Educators v. CaliforniaDistrict Court, N.D. California · 1996
- City of Chicago v. WoodAppellate Court of Illinois · 1887
15 more not listed; retrieve them via the Exa API.