Field & Stone v. Morse
New York Supreme Court
Motion to set aside a judgment. The action was commenced in November 1851, by the service of a summons, without a copy of the complaint. The summons, in conformity with the first subdivision of the 129th section of the Code, stated that if the defendant should fail to answer the complaint to be filed, the plaintiffs would take judgment for $333’41, with interest from'the 8th of October.
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Motion to set aside a judgment. The action was commenced in November 1851, by the service of a summons, without a copy of the complaint. The summons, in conformity with the first subdivision of the 129th section of the Code, stated that if the defendant should fail to answer the complaint to be filed, the plaintiffs would take judgment for $333’41, with interest from'the 8th of October. The defendant admitting his indebtedness to the amount stated in the summons, and being, as he states in his affidavit, insolvent and wholly unable to pay the debt, did not appear, and on the 13th of December…
1Opinion of the CourtHarris, Justice
It has been well said that under our present system of practice, every action is an action on the case (Per Gridley, J. in Minor vs. Terry, 6 How. Pr. R. 208). In such an action, the plaintiff was required to set forth particularly the facts upon which he relied as the ground of his action. So now, in every case, the plaintiff is required to set forth the particular facts which go to constitute his cause of action. By the facts, thus alleged, he must stand or fall. If, in the judgment of the court, they do indeed constitute a valid cause of action, and are established by proof or otherwise,…
2Cited by1 opinion
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