Money v. Tobias
New York Supreme Court
"IK ERROR, on certiorari to a justice’s- court. • Money, the defendant below, was sued by warrant j and, when brought before the justice, he inquired whether the plaintiff had made the oath required upon issuing a warrant, accord-, ing to the statute. The justice - answered, that he had not, but that he was satisfied that the plaintiff was a non-resident, without any oath of that fact; The defendant then moved for a nonsuit for that cause, which was overruled.
Read the full summary
"IK ERROR, on certiorari to a justice’s- court. • Money, the defendant below, was sued by warrant j and, when brought before the justice, he inquired whether the plaintiff had made the oath required upon issuing a warrant, accord-, ing to the statute. The justice - answered, that he had not, but that he was satisfied that the plaintiff was a non-resident, without any oath of that fact; The defendant then moved for a nonsuit for that cause, which was overruled. The defendant then objected, that the warrant had been issued in favour of a person claiming to be a non-resident, without giving…
1Per curiam
The statute is express and imperative, that, in case of a non-resident plaintiff suing by warrant, the fact of non-residence shall be sworn to by the party applying for the warrant; and, also, that a non-resident plaintiff, suing by warrant, shall give security for the payment of any sum which may be adjudged against him, as a condition of his right of suing by warrant. (See act, s. 4., with the proviso, vol. 1. 388-9.)
The justice had no right to dispense with the oath, under pretence that he was satisfied of the fact without oath; (4 Johns. Rep. 228.;) and it is equally clear, that the…
2Cited by2 opinions
- Jackson ex dem. Ten Eyck v. RichardsNew York Supreme Court · 1827
- Jamison v. CravenCourt of Chancery of Delaware · 1872