Williams v. Price
The Superior Court of New York City
Appeal by the defendant from a judgment rendered against him in one of the assistant justice’s courts. The questions decided are stated in the opinion of the court.
1Opinion of the CourtBy the Court. Sandford, J.
The appellant has made several points, which are wholly unfounded.
*2301. The summons, it is said, did not state the cause of action, as required by the code of procedure.
2. The complaint is defective for the want of a verification.
As to both of these points, the answer is, that the code of
procedure has no application to the summons, nor to the declaration in the matter alleged as error. The last eight titles of the second part of the code, do not relate to actions in the marine court or in the justice’s courts; except so far as certain sections and provisions are made applicable in express terms,…
2Cited by2 opinions
- Constant v. Rector, Wardens & Vestry of St. Albans ChurchNew York Court of Common Pleas · 1872
- Bray v. AndreasNew York Court of Common Pleas · 1852