Hoffman v. Barton

Headnote

Justice of the peace is a county officer — process from Ms court runs to every part of Ms county — where a written complaint and a copy of the summons is served within the county, the omission to state the places of residence of the parties in the complaint does not deprive the justice of jurisdiction.

Appeal by tbe plaintiffs from a judgment of tbe County Court of Dutchess county, reversing a judgment rendered in tbeir favor by a court of a justice of the peace.

Tbe action was one arising on contract, and tbe plaintiffs made a written complaint, properly verified, a copy of wbicb complaint was personally served upon tbe defendant, with a copy of tbe summons, m tbe manner authorized and provided by section 1 of chapter 414 of tbe Laws of 1881. Tbe complaint did not allege that tbe plaintiffs were, or that either of them or tbe defendant was, a resident of tbe town or county.

Tbe defendant failed to appear and answer tbe complaint at tbe time of tbe return of tbe summons, and tbe justice of tbe peace thereupon entered judgment in favor of tbe plaintiffs against tbe defendant, for tbe amount demanded in tbe complaint, with costs, without further proof, as be was authorized to do by section 3 of tbe same law. Tbe defendant appealed from the judgment to tbe County Court, and contended that the justice bad no jurisdiction, as the residence of tbe parties, or of one of them, was a jurisdictional fact wbicb must appear in tbe record; and tbe County Court so decided and reversed tbe judgment on that record.

Tbe court at General Term said: “ With tbe utmost respect for tbe County Court and for tbe able and fair-minded county judge of Dutcbess county, we are led to a different conclusion. Tbe service of a copy of tbe summons and complaint was made upon tbe defendant, personally, at Amenia. That place is in Dutcbess county, as we know from our liberty to take judicial notice of tbe geographical divisions of tbe State.

“ A justice of the peace is a county officer, and process from bis court runs to every part of bis county; and, therefore, tbe return

of the summons to the justice, with proof of personal service upon the defendant in his county, gave him jurisdiction of the person of the defendant. He plainly had jurisdiction of the subject of the action; and thus his jurisdiction over the case was completed and ample to justify the rendition of the judgment from which the appeal was taken.

“No other ground of error was assigned, and it follows that the judgment of the County Court should be reversed, with costs, and the judgment of the Justice’s Court should be affirmed, with costs.”