Gilmore v. Barnett
New York Supreme Court
Appeal from an order of the County Court of the county of Chenango, setting aside, vacating and declaring null and void and unauthorized an execution against the person of the defendant.
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Appeal from an order of the County Court of the county of Chenango, setting aside, vacating and declaring null and void and unauthorized an execution against the person of the defendant. On the 15th day of June, 1876, the plaintiff, William Gilmore, was a resident of Broome county, N. Y., and on the same day the defendant was a resident of the county of Chenanago, N. Y. On Said 15th day of June, 1876, the defendant, Barnett, being in the city of Binghamton, Broome county, N. Y., the plaintiff, Gilmore, commenced an action against him by short summons, before a justice of the peace of the said…
1Opinion of the Court
Learned, P. J. :
The plaintiff' commenced an action against the defendant, a nonresident of the county, in a justice’s court, by a short summons, obtained on an affidavit stating that he had a cause of action against the defendant on contract. Before the return day the parties appeared, and the plaintiff declared on contract, and the defendant denied. The cause was adjourned, and on the day of adjournment the defendant did not appear. The plaintiff then filed an amended complaint and declared in tort for conversion of *516cattle. The plaintiff gave testimony in his own behalf, and the justice…
2Cases cited2 opinions
- Hallock v. . DominyNew York Court of Appeals · 1877
- Bigelow v. DunnNew York Supreme Court · 1868