Legal Opinion

Desmond v. Crane

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 3 opinions

Appeal by the defendant, Ella E. Crane, from a judgment of the , County Court of Cayuga county, entered in the office of the clerk of the county of Cayuga on the lltli day of March, 1898, affirming the judgment of a justice of the peace. This action was begun October 2, 1897, by the service on the defendant at the town of Moravia, in the county of Cayuga, New^ York, of a summons issued September 29, 1897, by Danforth R. Lewis, a justice of the peace of the city of Auburn.

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Appeal by the defendant, Ella E. Crane, from a judgment of the , County Court of Cayuga county, entered in the office of the clerk of the county of Cayuga on the lltli day of March, 1898, affirming the judgment of a justice of the peace. This action was begun October 2, 1897, by the service on the defendant at the town of Moravia, in the county of Cayuga, New^ York, of a summons issued September 29, 1897, by Danforth R. Lewis, a justice of the peace of the city of Auburn. On the return day of the summons, October 9,1897, the plaintiff appeared and filed a complaint, in which it was alleged…

1Opinion of the Court

Follett, J.:

On the merits there is no occasion for disturbing the judgment rendered in the Justice’s Court and affirmed by the County Court. The evidence was sufficient to authorize a judgment for the amount recovered, and the fact that it was not much more, which the plaintiff claimed was her due, is not an error of which the defendant can complain. The only question to be considered is, had the Justice’s Court jurisdiction of the defendant. The city of Auburn and the town of Moravia are in the county of Cayuga. The justice before whom the judgment was recovered is a justice of the peace of…

2Cases cited2 opinions

  1. Baird v. HelferAppellate Division of the Supreme Court of the State of New York · 1896
  2. Pierson v. FriesAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. Lantz v. Galpin, New York County Courts1904
  2. People ex rel. Holmes v. LaneAppellate Division of the Supreme Court of the State of New York · 1900
  3. Davis v. O'Day, New York County Courts1912

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