Ministers of the Reformed Dutch Church v. Adams

Majority

p. 347

The Ministers, Elders, and Deacons of the Reformed Dutch Church at Coxsackie against Adams.

Headnote

A corporation cannot be sued in a justice’s court.

IN error, on certiorari. The defendant in error brought an action, by a summons, against the plaintiffs in error, who are a corporate body, for goods sold and delivered, work and labour, &c. The plaintiffs in error appeared by attorney, and went to trial on the merits of the case ; and the justice gavé judgment against them.

Sedgwick, for the plaintiffs in error,

contended, that the act for the recovery of debts to the value of 25 doldars, did not authorize any proceedings against a corporation.

Kirtland, contra,

said, that as the corporation had appeared voluntarily, by attorney, appointed under their seal, and had gone to trial on the merits, they ought not to be allowed to make the objection.

The judgment must be reversed. A corporation cannot be sued before a justice. The provisions of the act, both as to the first process and the

p. 348

execution, preclude the construction, that a corporation can be sued before a justice of the peace.

Judgment reversed.