14 N.Y.S. 3 | N.Y. Sup. Ct. | 1891
On the return-day of the summons the defendant appeared by attorney specially to object to the jurisdiction of the justice. The objection was supported by an affidavit of the defendant, which, after stating the time and place of service of the summons upon him, viz., at the town of Salamanca, on the 2d day of April, 1890, proceeded as follows: “Deponent further says that he is now, and for the past year and upwards has been, a resident Of the city of Jersey City, in the state of New Jersey, and that deponent for the past year and upwards has not been a resident of the state of New York. Deponent further says that at the time of the service of the aforesaid summons deponent was in attendance before S. H. Seymour, Esq., a justice of the peace of the said town of Salamanca, as a witness in his own behalf, in an action then being prosecuted in the name of the people of the state of New York against this deponent as defendant, and before the conclusion of the said action, and while deponent was in the custody of a constable of the aforesaid town of Salamanca, and while deponent was under arrest for and upon the charge of being a disorderly person. Deponent further says that he came to said town of Salamanca for the sole and only purpose of appearing in said action, and as a witness in his own behalf, and while deponent was at said town of Salamanca, as such party and witness, and before the conclusion of said action, and before deponent could get a train to go to his home, deponent was so served as aforesaid with said summons.” The statements of the affidavit were not controverted. The justice overruled the