Avery v. Slack
New York Supreme Court
Error from the Chenango common pleas. Avery and Lathrop, as overseers of the poor of the town of Sherburne, commenced a suit by summons, in a justice’s court, against Slack. There was an endorsement on the summons in these words: “ According to the act of the internal police of this state.”
Read the full summary
Error from the Chenango common pleas. Avery and Lathrop, as overseers of the poor of the town of Sherburne, commenced a suit by summons, in a justice’s court, against Slack. There was an endorsement on the summons in these words: “ According to the act of the internal police of this state.” On the return of the process the parties appeared and the plaintiffs declared, stating in the first count of the declaration, that the defendant was indebted to them in the sum of $25, according to the provisions (of the revised statutes) chapter 20, title 9, part 1, § 16, and being so indebted, undertook…
1Opinion of the Court
By the Court,
Cowen, J.
The statute upon which the decision of the common pleas proceeded is thus: “ Upon every process issued for the purpose of compelling the appearance of the defendant to any action for the recovery of any penalty or forfeiture, shall be endorsed a general reference to the statute by.which such action is given, in the following form; 1 according to the provisions of the statute regulating the rate of interest on money,’ or 1 according to the provisions of the statute concerning sheriffs,’ as the case may require, or in some other general terms referring to such statute” (2…
2Cited by21 opinions
- Jones v. . JonesNew York Court of Appeals · 1888
- Nickerson v. . RugerNew York Court of Appeals · 1879
- Miner v. FrancisNorth Dakota Supreme Court · 1894
- Chandler v. Citizens National BankIndiana Supreme Court · 1898
- Baird v. HelferAppellate Division of the Supreme Court of the State of New York · 1896
16 more not listed; retrieve them via the Exa API.