Waters v. Whitamore
New York Supreme Court
This action was commenced in a justice’s court, to recover the sum of forty dollars and interest, alledged to be due and owing from the defendant to the plaintiff. The defendant was a resident of Madison county, and the action was commenced by a short summons, before a justice in Chenango county.
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This action was commenced in a justice’s court, to recover the sum of forty dollars and interest, alledged to be due and owing from the defendant to the plaintiff. The defendant was a resident of Madison county, and the action was commenced by a short summons, before a justice in Chenango county. No affidavit or other proof was made that the defendant was a nonresident of Chenango county, or that the cause of action was such that no warrant could legally issue therein against the defendant. The objection to the process was raised in the justice’s court by the defendant, and overruled by the…
1Opinion of the Court
By the Court, Crippen, J.
By section 33 of the non-imprisonment act of 1831, it is provided that whenever by the provisions of section 30, of the same act, no warrant can issue, and the defendant shall reside out of the county, he shall be proceeded against by summons or attachment, returnable not less than two nor more than four days from its date; which shall be served at least two days before the time of appearance mentioned therein; and if such defendant be proceeded against otherwise, the justice shall have no jurisdiction of the cause.
By the provisions of the revised statutes, no person…
2Cases cited1 opinion
- Taylor v. HeathNew York Supreme Court · 1847
3Cited by3 opinions
- Waters v. WhittemoreNew York Supreme Court · 1855
- Clark v. WellingtonNew York Supreme Court · 1875
- Wende v. BradleyNew York Supreme Court · 1875