Bissell v. New York Central & Hudson River Railroad
New York Supreme Court
MOTION on the part of the defendant to set aside a judgment for $28,373.58 damages, and $17.91 costs, entered in Oneida county clerk’s office 2d September, 1871. This action was brought to recover penalties given by the act of 1857 (chap. 185,) “to prevent extortion by railroad companies and was commenced by service of summons only, 17th May, 1875. On the 20th May, 1871, O. S. Fairchild, Esq., an attorney of this court, served a notice of appearance and demand for a copy of…
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MOTION on the part of the defendant to set aside a judgment for $28,373.58 damages, and $17.91 costs, entered in Oneida county clerk’s office 2d September, 1871. This action was brought to recover penalties given by the act of 1857 (chap. 185,) “to prevent extortion by railroad companies and was commenced by service of summons only, 17th May, 1875. On the 20th May, 1871, O. S. Fairchild, Esq., an attorney of this court, served a notice of appearance and demand for a copy of the complaint. The complaint was served personally upon the defendant’s attorney on the 28th day of June, 1871. The…
1Opinion of the CourtHardin, J.
The plaintiffs learned counsel submits an elaborate argument, in which he undertakes to demonstrate that the summons required no indorsement of a reference to the statute giving the penalty, and that the Code has swept away the provisions of law in respect to such indorsement.
But those questions were examined by the General Term in this case, and in- the case of Sarah Cox v. New York Central and Hud. Riv. R. R. Co., decided in March, 1872.(a) In this last case Johnson, J., in delivering the opinion of the court, says: “All the decisions and books upon practice agree that the object of the…
2Cases cited13 opinions
- Taylor v. BenhamSupreme Court of the United States · 1847
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Menard's Heirs v. MasseySupreme Court of the United States · 1850
- Scott v. JonesSupreme Court of the United States · 1847
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3Cited by2 opinions
- Kansas City, Memphis & Birmingham Railroad v. SpencerMississippi Supreme Court · 1894
- Hendrick v. BiggarNew York Supreme Court · 1910