Larocque v. Harvey
New York Supreme Court
Appeal from Franklin county court. Action by Joseph Larocque against Willis C. Harvey. A judgment of a justice of the peace in favor of plaintiff was affirmed by the county court, and defendant appeals. The defendant did not appear before the justice upon the return-day of the summons. The justice of the peace resided, and had his office, in the town of Malone, and the summons was returnable there.
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Appeal from Franklin county court. Action by Joseph Larocque against Willis C. Harvey. A judgment of a justice of the peace in favor of plaintiff was affirmed by the county court, and defendant appeals. The defendant did not appear before the justice upon the return-day of the summons. The justice of the peace resided, and had his office, in the town of Malone, and the summons was returnable there. Both the plaintiff and the defendants were at the time residents of the town of Waverly, in Franklin county. The town of Waverly does not adjoin the town of Malone. These facts appear upon the…
1Opinion of the CourtLandon, J.
The justice of the peace had no jurisdiction of the person of the defendant. Houghtaling v. Groesbeck, 51 N. Y. 673. Section 2869, Code Civil Proc., provides: “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.” There are certain exceptions, not material here. A justice of the peace has the civil jurisdiction given him by statute, and no other. Section 2861. Upon appeal, errors in fact not affecting the merits, and not within the knowledge of the justice, may be determined upon…
2Cases cited1 opinion
- Vallen v. McGuireNew York Supreme Court · 1888
3Cited by6 opinions
- People Ex Rel. Ballin v. . SmithNew York Court of Appeals · 1906
- Warring v. Keeler, New York County Courts1895
- Dodd v. EckerAppellate Division of the Supreme Court of the State of New York · 1898
- Monroe v. WhiteAppellate Division of the Supreme Court of the State of New York · 1898
- Sammis v. Nassau Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1904
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