Bennett v. Weaver
New York Supreme Court
Appeal from Broome county court. Action by Albert Bennett against George S. Weaver, before a justice of the peace. Plaintiff and the justice both resided in the town of Triangle, Broome county. Defendant was not a resident of that county, but the summons was served upon him in a town adjoining Triangle, and in the same county. Defendant appealed to the county court from a judgment for plaintiff. The judgment was affirmed, and defendant now appeals to this court.
1Opinion of the CourtMartin, J.
The statute applicable to the question involved in this appeal ,declares that “an action must be brought before a justice of a town or city •wherein one of the parties resides, or a justice of an adjoining town or city in ¡the same county, except, * * * where the defendant is a non-resident of ■¡the county, it may be brought before a justice of the town or city in which ihe is at the time o'f the commencement of the action.” Code Givil Proc. § 2869. The question is whether, under this statute, a justice acquires jurisdiction in an action against a non-resident defendant; where the action is…
2Cited by2 opinions
- Head's Iron Foundry v. SandersNew York Supreme Court · 1894
- Slavin v. MansfieldNew York Supreme Court · 1894