Legal Opinion

Shannon v. Comstock

New York Supreme Court

Decided July 15, 1839PublishedCited by 44 opinions

Error from- the Washington common’ pleas.- Comstock and three other persons, owners of a. boat on the Champlain canal, commenced a suit by warrant in a justice’s-court againsí J. & S. Shannon for a breach of contract; the warrant having issued on an affidavit that the defendants were non-fesidents of the state. The defendants were" arrested and brought before the justices.

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Error from- the Washington common’ pleas.- Comstock and three other persons, owners of a. boat on the Champlain canal, commenced a suit by warrant in a justice’s-court againsí J. & S. Shannon for a breach of contract; the warrant having issued on an affidavit that the defendants were non-fesidents of the state. The defendants were" arrested and brought before the justices. The plaintiffs declared on a contract entered into" between them and the de-fendants, whereby they had' engaged to transport a number" of horses for the defendants in a canal boat from Whitehall to Albany, for the…

1Opinion of the Court

By the Court,

Cowen, J.

Upon the motion to quash the warrant, the plaintiffs before the justice admitted that the defendants were residents of Granville, in Washington county, and had been so for more than thirty days before the warrant was taken out. The justice had jurisdiction of the process, and' the affidavit on which the warrant issued made it regular in the first instance. But certainly the affidavit was not conclusive. It was still open to be met by the defendants, on proof that it was made under a plain mistake. That was admitted, and the justice should;' therefore, have dismissed the…

2Cases cited2 opinions

  1. Baldwin v. MunnNew York Supreme Court · 1829
  2. Bement v. SmithNew York Supreme Court · 1836

3Cited by44 opinions

  1. Hamilton v. . McPhersonNew York Court of Appeals · 1863
  2. Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
  3. Strauss v. MeertiefSupreme Court of Alabama · 1879
  4. Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
  5. Sullivan v. McMillanSupreme Court of Florida · 1896

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