Lester v. Crary
Court for the Trial of Impeachments and Correction of Errors
Error to the Oneida C. P. On the 6th of December, 1843, a justice of the peace of the city of Utica, on the application of one Weaver, issued a summons for Crary, requiring him to appear before the justice at his office in Utica, on the 15th of December, to answer Lester in a plea of trespass on the case. The summons was served by copy.
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Error to the Oneida C. P. On the 6th of December, 1843, a justice of the peace of the city of Utica, on the application of one Weaver, issued a summons for Crary, requiring him to appear before the justice at his office in Utica, on the 15th of December, to answer Lester in a plea of trespass on the case. The summons was served by copy. On the 13th of Decern ber—two days before the return day of the summons—the justice, as he states in his return, saw Crary at the shop of-Weaver in Utica, and it was then and there agreed between Weaver and Crary that they would appear before the justice, at…
1Opinion of the Court
By the Court, Bronson, Ch. J.
As neither of the parties appeared in pursuance of the summons, the question is, whether a suit was well commenced without process. Conceding that Weaver was the attorney of Lester, still the agreement which was made at Weaver’s shop on the 13th of December is not a matter of any legal importance. The justice'has no right to act upon information relating to the parties or the suit which he has picked up when out of court. (Tenny v. Filer, 8 Wendell, 569; Kimball v. Mack, 10 id. 497; Fanning v. Trowbridge, 5 Hill, 428.) It was a mistake, therefore, to enter on his…
2Cases cited1 opinion
- Tenny v. Filer.New York Supreme Court · 1832
3Cited by4 opinions
- Deland v. Richardson & RichardsonNew York Supreme Court · 1847
- Barnes v. Sutliff, New York County Courts1898
- Leonosio v. BartilinoSouth Dakota Supreme Court · 1895
- Rickey v. ChristieNew York Supreme Court · 1886