Horton v. Auchmoody
New York Supreme Court
Error from the Sullivan common pleas. Auchmoody sued Horton in justice’s court, and declared against him, for that the defendant, between the months of April and June, 1829, issued a paper purporting to be an execution in favor of one Job Wilson, against the goods, &c. of the plaintiff, by reason of which the property of the plaintiff, to wit, one mare, was taken from his possession, and sold and delivered to one N. B., at, &c. to the damage of the plaintiff of $50. The…
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Error from the Sullivan common pleas. Auchmoody sued Horton in justice’s court, and declared against him, for that the defendant, between the months of April and June, 1829, issued a paper purporting to be an execution in favor of one Job Wilson, against the goods, &c. of the plaintiff, by reason of which the property of the plaintiff, to wit, one mare, was taken from his possession, and sold and delivered to one N. B., at, &c. to the damage of the plaintiff of $50. The defendant pleaded the general issue, and that he was a justice of the peace, and as such justice issued execution on a…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The main point in this case is, had the justice jurisdiction sufficient to authorize a judgment ? The plaintiff in error holds the affirmative of this proposition, and the defendant the negative. The plaintiff contends that the justice having jurisdiction of the subject matter, and also of the person of the defendant by a regular appearance, if any error is subsequently committed, the remedy is by certiorari or appeal. The defendant says that, by an adjournmennt without authority, the cause is discontinued, the justice loses jurisdiction, and any subsequent…
2Cited by32 opinions
- Livingston v. HollenbeckNew York Supreme Court · 1847
- Austin v. . VroomanNew York Court of Appeals · 1891
- Hard v. ShipmanNew York Supreme Court · 1849
- Bangs v. McIntoshNew York Supreme Court · 1857
- In re BakerNew York Supreme Court · 1855
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