Smith v. Burliss

Appeal from a judgment in favor of the respondent and against the appellant, ¡in Justice’s. Court.

There is only one question in this case. It was conceded upon the argument that the plaintiff served the summons upon the defendant, the' plaintiff being at the time a duly elected constable of .the town of Schroeppel, and the justice’s return shows the same.

It is claimed by the appellant that the justice acquired no juris- ■ diction by such service.

The respondent contends that, under the authority of Tuttle v. Hunt, 2 Cow. 436, and Putnam v. Man, 3 Wend. 202; jurisdiction was acquired.

Tuttle v.…