Waring v. McKinley
New York Supreme Court
APPEAL, by the defendant from a judgment of the county court of Oswego county. The action was commenced in a justice’s court, by summons issued by Mars Hearing, Esq., a justice of the peace of the town. of Hastings, in the county of Oswego, on the 14th day of June, 1860, and returnable on the 18th day of June, 1860, at his office at Central Square, (Hastings,) in said town.
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APPEAL, by the defendant from a judgment of the county court of Oswego county. The action was commenced in a justice’s court, by summons issued by Mars Hearing, Esq., a justice of the peace of the town. of Hastings, in the county of Oswego, on the 14th day of June, 1860, and returnable on the 18th day of June, 1860, at his office at Central Square, (Hastings,) in said town. The justice had two offices at which he made his summonses returnable, and held his courts alternately, one at Central Square, in said town, and one at Brewerton, three and a half miles distant from Central Square. The…
1Opinion of the Court
By the Court,
Mullin, J.
The defendant and Parker both swear that the summons was served on the defendant by the constable stating to the defendant the contents, and that by such statement it was returnable at the office of the justice in Brewerton on the 18th of June, then instant, at 9 a. m. The summons issued by the justice was returnable on the day and at the hour aforesaid, at his office in Hastings, and the summons so returnable was returned personally served by the constable. The return of the constable is presumptive evidence of the service of process in the manner stated in the return.…
2Cases cited4 opinions
- Fitch v. DevlinNew York Supreme Court · 1853
- Ellsworth v. CampbellNew York Supreme Court · 1860
- New-York & Erie Railroad v. PurdyNew York Supreme Court · 1854
- Wheeler v. New York & Harlem Rail RoadNew York Supreme Court · 1857
3Cited by10 opinions
- People Ex Rel. Ballin v. . SmithNew York Court of Appeals · 1906
- Jacobs v. ZeltnerNew York Court of Common Pleas · 1894
- Burkhard v. SmithAppellate Terms of the Supreme Court of New York · 1896
- Boynton v. Keeseville Electric Light & Power Co., New York County Courts1893
- Monroe v. WhiteAppellate Division of the Supreme Court of the State of New York · 1898
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