Sheldon v. Hopkins

New York Supreme Court

Sheldon v. Hopkins

7 Wend. 435

CourtNew York Supreme Court

DecidedOctober 15, 1831

StatusPublished

Cited by10 cases

This text of 7 Wend. 435 (Sheldon v. Hopkins) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sheldon v. Hopkins, 7 Wend. 435 (N.Y. Super. Ct. 1831).

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Opinion

By the Court,

Nelson, J.

The declaration is no doubt defective in not setting forth facts sufficient to give jurisdiction to the justice. The statute giving jurisdiction to the justice ought to have been pleaded. It is well settled that the general averment of jurisdiction is not enough. 3 Wendell, 267. 6 id. 438. The defendant must have judgment; leave, however, is granted to the plaintiff to amend on payment of coxsts.

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By the Court,

Nelson, J.

The declaration is no doubt defective in not setting forth facts sufficient to give jurisdiction to the justice. The statute giving jurisdiction to the justice ought to have been pleaded. It is well settled that the general averment of jurisdiction is not enough. 3 Wendell, 267. 6 id. 438. The defendant must have judgment; leave, however, is granted to the plaintiff to amend on payment of coxsts.

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Bluebook (online)

7 Wend. 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheldon-v-hopkins-nysupct-1831.

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