Totman v. Drake
New York County Court, Chautauqua County
Appeal from Justice Court. Action' by Frank D. Totman against Henry C. Drake. Judgment for plaintiff, and defendant appeals. Affirmed. The plaintiff’s complaint contained the following allegations: “The above-named plaintiff, for complaint herein against the said defendant, alleges as follows: That at the time of the commencement of this action said plaintiff resides in the town of Stockton, county of Chautauqua, N. Y., and defendant is a resident of the same county.
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Appeal from Justice Court. Action' by Frank D. Totman against Henry C. Drake. Judgment for plaintiff, and defendant appeals. Affirmed. The plaintiff’s complaint contained the following allegations: “The above-named plaintiff, for complaint herein against the said defendant, alleges as follows: That at the time of the commencement of this action said plaintiff resides in the town of Stockton, county of Chautauqua, N. Y., and defendant is a resident of the same county. That said plaintiff is now the owner and holder of a certain judgment rendered in Justice’s Court by one C. M. Reed, a justice…
1Opinion of the CourtOttaway, J.
It is claimed by the defendant (appellant) that the complaint did not state facts sufficient to constitute a cause of action under the common law rule of pleading. He insists that the pleading should have contained allegations of facts showing that the justice, being a court of limited jurisdiction, had jurisdiction both of the person and subject-matter; that, in the absence of these allegations, there was no foundation for the judgment, and its rendition constitutes reversible error. This court cannot concur with this contention. A pleading in Justice’s Court is not required to be in any…
2Cases cited6 opinions
- Willard v. BridgeNew York Supreme Court · 1848
- Hall v. McKechnieNew York Supreme Court · 1856
- Evans v. WilliamsNew York Supreme Court · 1871
- Neff v. CluteNew York Supreme Court · 1852
- Bradner v. . HowardNew York Court of Appeals · 1878
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