Head's Iron Foundry v. Sanders
New York Supreme Court
Appeal from Oneida county court. Action by Head’s Iron Foundry against Smith Sanders. From a judgment affirming a judgment of the justice’s court in favor of plaintiff for $6.63 damages besides costs, defendant appeals. Affirmed.
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Appeal from Oneida county court. Action by Head’s Iron Foundry against Smith Sanders. From a judgment affirming a judgment of the justice’s court in favor of plaintiff for $6.63 damages besides costs, defendant appeals. Affirmed. The action was brought before a justice of the peace of the town of Whitestown, in the county of Oneida, and the summons was served on the defendant within that town on the 22d April, 1893. The complaint was for goods sold and delivered, and was verified. Upon the return day of the summons the defendant appeared specially, and objected to the jurisdiction of the…
1Opinion of the CourtMerwin, J.
The controversy upon this appeal is over the construction of section 2869 of the Code of Civil Procedure, as amended by chapter 74 of the Laws of 1893. That section is as follows:
“Sec. 2809. An action must be brought before a justice of a town or city wherein one of the parties resides, or a justice of an adjoining town or city in the same county, except in one of the following cases: (1) Where the defendant has absconded from his residence, it may be brought before a justice of the town or city in which the defendant, or a portion of his property. Is at the time of the commencement of the…
Also in this document: Concurrence.
2Cases cited4 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Strough v. Board of SupervisorsNew York Supreme Court · 1888
- Peck v. BaldwinNew York Supreme Court · 1890
- Bennett v. WeaverNew York Supreme Court · 1888
3Cited by3 opinions
- American Dock Co. v. City of New YorkNew York Supreme Court · 1940
- Dodd v. EckerAppellate Division of the Supreme Court of the State of New York · 1898
- Webb v. Hecox, New York County Courts1899