Moody v. Vreeland
New York Supreme Court
Error from the Seneca common pleas. Moody sued Vree-Zand in the common pleas, and on the trial of the cause was nonsuited. The defendant made up a record of the nonsuit, which was signed by P. A. Barker, one of the judges of the common pleas, he not being first judge of that court, nor of the degree of counsel in the supreme court.
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Error from the Seneca common pleas. Moody sued Vree-Zand in the common pleas, and on the trial of the cause was nonsuited. The defendant made up a record of the nonsuit, which was signed by P. A. Barker, one of the judges of the common pleas, he not being first judge of that court, nor of the degree of counsel in the supreme court. The fact of the record being signed by him was specially assigned for error, on the ground that by statute a record of judgment in a case like this could be signed only by the first judge, or by a judge of the common pleas of the degree of counsel in the supreme…
1Opinion of the Court
The opinion of the court was delivered by the Chief Justice, who, after reviewing the evidence appearing on the bill of exceptions came to the conclusion that the plaintiff had given evidence prima facie sufficient to entitle him to recover, and that therefore the common picas erred in nonsuiting him. As to the error specially assigned, he observed, another question in this case is, whether error lies because the record was signed by a judge who had no authority to tax the costs or sign the record in the particular case, though he had that authority in certain specified cases. That it was…
2Cited by3 opinions
- Taylor v. ParkerSupreme Court of Minnesota · 1871
- Eaton v. CaldwellSupreme Court of Minnesota · 1859
- Claggett v. SimesSuperior Court of New Hampshire · 1855