Belden v. New-York & Harlem Railroad
New York Supreme Court
Present, S. B. Strong, P. J., Birdseye and Emott, JJ. The defendants, a part of whose road passes through the county of Dutchess, were sued in this action before a justice of the peace, in the town of Washington, in that county. The summons by which the action was commenced, was issued on the 11th January, 1855, was made returnable on the 15th of the same month. It was served on the 12th of that month.
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Present, S. B. Strong, P. J., Birdseye and Emott, JJ. The defendants, a part of whose road passes through the county of Dutchess, were sued in this action before a justice of the peace, in the town of Washington, in that county. The summons by which the action was commenced, was issued on the 11th January, 1855, was made returnable on the 15th of the same month. It was served on the 12th of that month. From the form of the summons, as well as from the affidavit taken before issuing it, it is obvious that the defendants were proceeded against as non-residents of the county. The defendants…
1Opinion of the Court
By the court—Birdseye, Justice.
The same question is now presented. As it is already settled upon authority, we shall content ourselves with resting our decision upon those authorities; adding, only, that the principles of the cases to be cited, approve themselves to our judgment.
*18In Johnson agt. The Cayuga and Susquehanna Railroad Company, (11 Barb. 621,) the general term of the sixth district, passed upon- this very question; the learned Mr. Justice Shankland delivering the opinion. They held that a railroad company may properly be sued in a justice’s court, by long summons : that in cases of…
2Cases cited6 opinions
- Robertson v. BullionsNew York Supreme Court · 1850
- Sherwood v. Saratoga & Washington RailroadNew York Supreme Court · 1852
- Cunningham v. GoeletNew York Supreme Court · 1847
- Robinson v. WestNew York Supreme Court · 1851
- Ressequie v. BrownsonNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Allison v. T. A. Snider Preserve Co.Appellate Terms of the Supreme Court of New York · 1897
- Ahern v. National Steamship Co.New York Court of Common Pleas · 1871