International Seed Co. v. Hartmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the International Seed Company, from a judgment of the County Court of Nassau county in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 29th day of January, 1901, reversing, upon ati appeal, a judgment in favor of the plaintiff rendered by a justice of the peace of the county of Nassau.
1Opinion of the Court
Willard Bartlett, J.:
An act of the Legislature, passed in 1881 and amended in 1889, provides that in certain classes of cases, triable in courts of justices of the peace, the plaintiff may have judgment upon proof of service of the summons and a verified complaint. (Laws of 1881, chap. 414, as amd. by Laws of 1889, chap. 472.) Under such circumstances a verified complaint is allowed to take the place of oral or documentary common-law proof, and the allegations of the complaint are deemed to be admitted.
The provisions of the statute which it is necessary to consider upon the present appeal are…
2Cited by3 opinions
- Haight v. PotterAppellate Division of the Supreme Court of the State of New York · 1919
- Embalmers Supply Co. v. Rowe, New York County Courts1917
- Sloan v. Dickey, New York County Courts1910