Legal Opinion

Gold v. Bissell

New York Supreme Court

Decided August 15, 1828PublishedCited by 37 opinions

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

  1. Savacool v. BoughtonNew York Supreme Court · 1830
  2. Connah v. HaleNew York Supreme Court · 1840
  3. Prosser v. SecorNew York Supreme Court · 1849
  4. Von Latham v. Libby & RowanNew York Supreme Court · 1862
  5. Mowry v. ChaseMassachusetts Supreme Judicial Court · 1868

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