Murphy v. Mooney

Decided December 30, 1848

The Superior Court of New York City · decided 1848-12-30

The suit was commenced before him by Mooney against Murphy and Kavanagh, (by a summons having seven days to run,) for services rendered. The summons was served by copy on K. and personally on M. The defendants below made default, and on proof of Mooney’s demand, the justice rendered a judgment in his favor.

Cited by 1 later decisions — most recently November 1870

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1848-12-30

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By the Court. Vanderpoel, J.

¶1From the plea demurred to, it appears, that the plaintiff below was a resident of the eighth ward, being one of the wards for which the justice was appointed, and it appears too, that one of the defendants resided in Queen’s County, and the other in the twelfth ward of the city.

¶2The plaintiff below residing in the district of the justice, the latter had jurisdiction. (2 R. L. 379, § 103.) One of the defendants residing in the city, it was competent for the plaintiff to proceed by long summons. (Harriott v. Van Cott, 5 Hill, 285 ; Burghart v. Rice, 2 Denio, 95.)

¶3The judgment must be affirmed.