Wavel v. . Wiles
New York Court of Appeals
. Appeal from judgment in the Supreme Court reversing a judgment of the County Court. The plaintiff commenced a suit by summons before a justice of the peace of Cortland county. The constable made due return of personal service of the summons and on the return day no one appearing for the defendant the justice proceeded with the case ex parte, heard the plaintiff’s testimony and gave judgment for the plaintiff for forty dollars, besides costs.
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. Appeal from judgment in the Supreme Court reversing a judgment of the County Court. The plaintiff commenced a suit by summons before a justice of the peace of Cortland county. The constable made due return of personal service of the summons and on the return day no one appearing for the defendant the justice proceeded with the case ex parte, heard the plaintiff’s testimony and gave judgment for the plaintiff for forty dollars, besides costs. The defendant appealed to the County Court and there presented affidavits denying the service of the summons, upon which the County Court ordered a new…
1Opinion of the CourtSmith, J.
The return of the summons, with the indorsement of the constable thereon of due personal service thereof upon the defendant, conferred jurisdiction upon the justice over the person of the defendant, and authorized him to proceed with the trial of the cause and receive the plaintiff’s evidence in support of his complaint, and to render judgment thereupon. (Putman v. Mann, 3 Wend;, 202; Allen, v. Martin, 10 id., 300; 2 Hill, 517; 18 Barb., 597.) The evidence-received fully, warranted the judgment rendered by the justice, and no error occurred; on the trial which could warrant, a-reversal in.…
2Cases cited1 opinion
- Fitch v. DevlinNew York Supreme Court · 1853
3Cited by16 opinions
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Tucker v. PfauNew York Supreme Court · 1893
- Tanner v. MarshNew York Supreme Court · 1867
- Jourdan v. HealeyNew York Court of Common Pleas · 1892
- Wright v. ChaseNew York Supreme Court · 1894
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