Van Slyke v. Disbrow
New York County Court, Otsego County
Appeal from Otsego County Court. Action by Mary E. Van Slyke and others against Harry J: Dis-brow and another. From a judgment of a justice of the peace for plaintiffs, defendants appealed, and plaintiffs move for an order to set aside the justice’s return.
1Opinion of the CourtKellogg, J.
This is a motion made by the respondents for an order setting aside the return of the justice of the peace heretofore made herein, and filed in Otsego county clerk’s office on the 23d day of July, 1908. This action was commenced before Clarence D. Sewell, as one of the justices of the peace of the town of Oneonta, on the 7th day of March, 1907. Thereafter, and on the 15th day of the same month, issue was duly joined. It appears that at the time of the joinder of issue the plaintiff requested that a commission might issue, and in relation to this commission a question has arisen between the…
2Cases cited3 opinions
- Rudd v. BakerNew York Supreme Court · 1811
- Smith v. JohnstonNew York Supreme Court · 1865
- Philips v. CaswellNew York Supreme Court · 1825