Thompson v. Sayre
Court for the Trial of Impeachments and Correction of Errors
Error to the Chemung .common pleas. Thompson & Boynton, on the 31st July, 1844, made an application in writing to a justice for an attachment against-the goods, The plaintiffs then proved that they had attended the defen dant’s family as 'physicians, produced their account book, and after giving the proof required to make it evidence, had the defendant’s account read therefrom to the justice, and also proved that the charges were reasonable.
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Error to the Chemung .common pleas. Thompson & Boynton, on the 31st July, 1844, made an application in writing to a justice for an attachment against-the goods, The plaintiffs then proved that they had attended the defen dant’s family as 'physicians, produced their account book, and after giving the proof required to make it evidence, had the defendant’s account read therefrom to the justice, and also proved that the charges were reasonable. They further proved the defendant’s admission that they had as physicians attended his child when ill; but they did not produce any licence to practise…
1Opinion of the Court
By the Court, Jewett, J.
The first question presented in this case is, Can a suit in a justice’s court to recover a demand arising upon contract be regularly commenced against a defendant,- resident of -another state, by attachment ?
The revised statutes' provide that “no person shall be proceeded against by summons out of the county in which he resides.” (2 R. S. 227, § 13.) The 17th section of the same title provides, that the first process against a non-resident of the county should be by warrant. This provision was changed by the act to abolish imprisonment for debt. (Sess. L. 1831, 396, §…
2Cases cited1 opinion
- McPherson v. CheadellNew York Supreme Court · 1840
3Cited by14 opinions
- Abhau v.GrassieIllinois Supreme Court · 1914
- Smith & Blood v. JoyceNew York Supreme Court · 1851
- Lacy v. County of KossuthSupreme Court of Iowa · 1898
- Williams v. PeopleAppellate Court of Illinois · 1886
- City of Chicago v. WoodAppellate Court of Illinois · 1887
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