Kantor v. Kwiecenski

It appears that the parties to this action are both residents of the town of New Hartford, and that the process of the magistrate was served in that town. New Hartford adjoins Utica. Defendant appeals upon the theory that the justice of the peace of the city of Utica had no jurisdiction. The appeal is founded upon the theory that justices of the peace in cities differ in jurisdiction from those in towns, and that the provisions of section 2869 of the Code do not therefore apply. Three cases are relied upon mainly by the appellant, together with the somewhat numerous citations which are…