Knight v. Willson
New York Supreme Court
Action by Merritt Knight against Fowler Willson, Jr., originally brought in a justice’s court, wherein plaintiff recovered a judgment, which was reversed on appeal to the county court. Plaintiff appeals.
1Opinion of the CourtMartin, J.
This is an appeal from a judgment of the Oneida county court reversing a judgment rendered by a justice of the peace. The judgment was reversed on the sole ground that the justice erred in not waiting one hour after the time specified in the summons for its return, as required by section 2893 of the Code of Civil Procedure. The justice’s return, upon which the appeal was heard, states: “At the time and place mentioned in the summons for the return thereof, I called the names of the parties. The plaintiff appeared. The defendant did not appear. The plaintiff complains orally that the defendant…
2Cases cited2 opinions
- Schoonmaker v. . SpencerNew York Court of Appeals · 1873
- Stafford v. Williams & KelloggNew York Supreme Court · 1847
3Cited by6 opinions
- Serring v. StrykerNew York County Court, Steuben County · 1894
- People ex rel. Ballard v. MossAppellate Division of the Supreme Court of the State of New York · 1898
- Sebring v. Stryker, New York County Courts1894
- People ex rel. Ballard v. MossAppellate Division of the Supreme Court of the State of New York · 1898
- Clapper v. Race, New York County Courts1910
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