Holmes v. . Carley
New York Court of Appeals
Appeal from a judgment in the Supreme Court, sixth district, which reversed a judgment in the County Court of Cortland county, and affirmed the judgment of a justice’s court. The only question presented for review in this case, is the question of jurisdiction of the justice to try the action.
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Appeal from a judgment in the Supreme Court, sixth district, which reversed a judgment in the County Court of Cortland county, and affirmed the judgment of a justice’s court. The only question presented for review in this case, is the question of jurisdiction of the justice to try the action. The provision of the statute (3 R. S., 5th ed., p. 427, § 6, marg. pag., 226, §8) is as follows: “ Every such action shall be brought before some justice of the .town wherein either, 1. The plaintiffs, or one of them reside; or, 2. Where the defendants, or any one of them reside; or, 3. Before some…
1Opinion of the CourtPotter, J.
Within the spirit and intent of the statute in question, is the town of Virgil, in which the justice resides, next adjoining the town of Marathon, the residence of the parties? These two towns, in fact, are “next adjoining ” in no other sense than that of touching at the corners. The words of a statute, if of common use, are to be taken in their natural, plain, obvious and ordinary signi fication (1 Kent Com., 462); and it is an established rule of the courts, in giving construction to a statute, first to ascertain its intent. This may be determined, not only from the language of a part, but…
2Cases cited1 opinion
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
3Cited by43 opinions
- Intoxicating-Liquor CasesSupreme Court of Kansas · 1881
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Gay v. . SeiboldNew York Court of Appeals · 1884
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- Ferguson v. MasonWisconsin Supreme Court · 1884
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