Sibley v. Howard
New York Supreme Court
Error to Monroe C. P. Sibley sued Howard before a justice of the peace, for an injury alleged to have been done by the defendant to the plaintiff’s building, while the defendant occupied it as a tenant. There was a trial by jury on the first day of July, 1842, and the jury rendered a verdict for the defendant, which the justice immediately entered in his docket; but he made no further entry on that day.
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Error to Monroe C. P. Sibley sued Howard before a justice of the peace, for an injury alleged to have been done by the defendant to the plaintiff’s building, while the defendant occupied it as a tenant. There was a trial by jury on the first day of July, 1842, and the jury rendered a verdict for the defendant, which the justice immediately entered in his docket; but he made no further entry on that day. Within four days after the verdict, the justice made an entry of the items of costs; but did not foot up the items until the ninth day of July. The amount was $3,11. On certiorari, the C. P.…
1Opinion of the Court
By the Court, Bronson, Ch. J.
On receiving the verdict of a jury, it is the duty of the justice forthwith to render judgment, and enter the same in his docket. But when there is no jury, and the justice is himself to decide, he has four days after the case has been submitted, to render his judgment. (2 R. S. 247 § 124.) In the latter case, we have held that the justice must decide within the four days, or his power to render judgment will be at an end. (Watson v. Davis, 19 Wend. 371. And see Young v. Rummell, 5 Hill, 60.) This case falls substantially within the same principle. Except as to…
2Cases cited2 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Watson v. DavisNew York Supreme Court · 1838
3Cited by26 opinions
- Fish v. . EmersonNew York Court of Appeals · 1871
- Hickey v. HinsdaleMichigan Supreme Court · 1860
- Dalton v. LoughlinNew York Court of Common Pleas · 1877
- Beattie v. QuaNew York Supreme Court · 1852
- Carpenter v. WillettNew York Court of Appeals · 1864
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