Hard v. Shipman
New York Supreme Court
This case came up by appeal from the county court of the county of Franklin. The suit was originally commenced before a justice. Hard, the plaintiff, declared against Shipman, the defendant, in debt, on a judgment rendered July 26th, 1847, before one Henry E. Button, a justice of the peace, in favor of Hard against Shipman, for $25,47, damages and costs.
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This case came up by appeal from the county court of the county of Franklin. The suit was originally commenced before a justice. Hard, the plaintiff, declared against Shipman, the defendant, in debt, on a judgment rendered July 26th, 1847, before one Henry E. Button, a justice of the peace, in favor of Hard against Shipman, for $25,47, damages and costs. Ship-man pleaded nil debet'. On the trial before the county judge, the plaintiff introduced in evidence a transcript, from the docket of Button, of the judgment, and proceedings had before him; together with the certificate of the county…
1Opinion of the Court
By the Court, Paige, P. J.
The only question in this case is, whether the evidence received by the county judge, to contradict the transcript from the docket of Button, of the judgment and proceedings before him in the prior suit between the parties to this suit, was competent evidence. If the transcript was conclusive evidence of the fact stated therein, of the adjournment of the cause, by the consent of the parties, to the 26th of July, 1847, then the evidence received iii contradiction of the statement of that fact in the transcript, was inadmissible.
The want of jurisdiction may always be…
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