Sperry v. . Reynolds
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment of the County Court of Cortland county, which affirmed a judgment, in favor of plaintiff, of a justice of the peace. The return to the summons issued by the justice was as follows: “ Served, copy left the 9th day of February, 1869, by David Wallace, constable.” On the return day the plaintiffs appeared and complained.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment of the County Court of Cortland county, which affirmed a judgment, in favor of plaintiff, of a justice of the peace. The return to the summons issued by the justice was as follows: “ Served, copy left the 9th day of February, 1869, by David Wallace, constable.” On the return day the plaintiffs appeared and complained. One Silas Crandall appeared and answered for defendant. There was no proof whether Crandall was or was not, in fact, authorized to appear for defendant. After the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The sole ground upon which defendant seeks a reversal of the judgment is, that it was not proved before the justice that Crandall was authorized to appear for him on the return day of the summons served by copy.
Suits may be instituted before justices of the peace, either by the voluntary appearance and agreement of the parties or by process. Suits instituted upon process by summons are considered as commenced when the summons is delivered to a constable for…
2Cases cited3 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Ackerman v. FinchNew York Supreme Court · 1836
3Cited by18 opinions
- People Ex Rel. Ballin v. . SmithNew York Court of Appeals · 1906
- People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1892
- Craighead v. MartinSupreme Court of Minnesota · 1878
- Kramer v. GerlachAppellate Terms of the Supreme Court of New York · 1899
- Warring v. Keeler, New York County Courts1895
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