Gold v. Bissell
New York Supreme Court
This was an action for false imprisonment, tried at the - . . 1 • Oneida circuit m October, 1826, before the Hon. Nathan Williams, one' of the circuit judges. The declaration was in the usual form; plea, the general issue by-the defendants jointly, with notice of special matter.
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This was an action for false imprisonment, tried at the - . . 1 • Oneida circuit m October, 1826, before the Hon. Nathan Williams, one' of the circuit judges. The declaration was in the usual form; plea, the general issue by-the defendants jointly, with notice of special matter. It appeared in.evidence, that the defendants presented a note to a justice of the peace, against the plaintiff for collection; that on the-7th July, 1824, the justice issued a summons in favor of Q0¡r] ancj gill, against Bissell, which was. delivered to a constable and returned served by copy. On the 7th July, 1825,…
1Opinion of the Court
By the Court,
Savage. Ch. J.
A motion is made for a new trial on several grounds. 1. It is contended that the *213warrant was regularly issued ; that the justice having once issued a summons, and that being returned served by copy, he may issue a warrant as a continuance of that suit, at any time during the continuance of his commission. The statute directs, that the first process against freeholders and inhabitants having families, shall be by summons; 66but if such summons was not served personally, and the defendant does not appear at the time and place appointed in such summons, nor shew good…
2Cited by37 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Connah v. HaleNew York Supreme Court · 1840
- Prosser v. SecorNew York Supreme Court · 1849
- Von Latham v. Libby & RowanNew York Supreme Court · 1862
- Mowry v. ChaseMassachusetts Supreme Judicial Court · 1868
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