Totman v. Drake
New York County Courts
Appeal from the judgment of a Justice of the Peace rendered upon the return of summons and verified complaint, the defendant not appearing. The plaintiff’s complaint contained the following allegations: “ The above named plaintiff, for complaint herein against the said defendant, alleges as follows: That at the time of the commencement of this action said plaintiff resided in the Town of Stockton, County of Chautauqua, N. Y., and defendant is a resident of the same county.
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Appeal from the judgment of a Justice of the Peace rendered upon the return of summons and verified complaint, the defendant not appearing. The plaintiff’s complaint contained the following allegations: “ The above named plaintiff, for complaint herein against the said defendant, alleges as follows: That at the time of the commencement of this action said plaintiff resided in the Town of Stockton, County of Chautauqua, N. Y., and defendant is a resident of the same county. That said plaintiff is now the owner and holder of a certain judgment rendered in Justice’s Court by one C. M. Reed, a…
1Opinion of the CourtOttaway, J.
It is claimed by the defendant appellant that the complaint did not state facts sufficient to constitute a cause of action under the common law rule of pleading. He insists that the pleading should have contained allegations of facts showing that the justice, being a court of limited jurisdiction, had jurisdiction both of the person and subject matter; that, in the absence of these allegations, there was no foundation for the judgment and its rendition constitutes reversible error.
This court cannot concur with this contention.
A pleading-in Justice’s Court is not required to be in any…
2Cases cited3 opinions
- Willard v. BridgeNew York Supreme Court · 1848
- Bradner v. . HowardNew York Court of Appeals · 1878
- Ross v. HamiltonNew York Supreme Court · 1848