Pickert v. Dexter
New York Supreme Court
Error from the Herkimer common pleas. Pickert sued Dexter in a justice’s court by summons, returnable on the 9th April, 1831, at eight o’clock A. M. The summons was returned personally served, and at the time of its return the plaintiff appeared, but the defendant did not appear.
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Error from the Herkimer common pleas. Pickert sued Dexter in a justice’s court by summons, returnable on the 9th April, 1831, at eight o’clock A. M. The summons was returned personally served, and at the time of its return the plaintiff appeared, but the defendant did not appear. Proceedings were suspended until 20 minutes after nine o’clock, when the plaintiff exhibited his declaration for goods sold> and for work done, and called two witnesses, who were sworn and examined in support of his declaration. After those witnesses were examined, it then being 30 minutes after 9 o’clock, the…
1Opinion of the Court
*152 By the Court,
Nelson. J.
In the enactments of the revised statutes relative to justices courts it is provided, that at the time of the first, appearance of the parties before the justice, e*ther upon the return of process or their voluntary appearance to join issue, the pleadings of the parties shallhe made and the issue joined; and where both parties have appeared, an issue shall be joined before any adjournment shall be had, except in the case of a warrant. 2 R. S. 233, § 47. Though this section may not be deemed imperative to the extent of excluding the indulgence granted to the defendant…
2Cases cited2 opinions
- Whitney v. SuttonNew York Supreme Court · 1833
- Riley v. SeymourNew York Supreme Court · 1828
3Cited by11 opinions
- Perry v. TynenNew York Supreme Court · 1856
- Tallmadge v. PotterWisconsin Supreme Court · 1860
- Stone v. MillerNew York Supreme Court · 1862
- Ehlers v. WillisNew York Marine Court · 1882
- Fulton v. HeatonNew York Supreme Court · 1847
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