Brooks v. St. John
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon the verdict of a jury. This action was brought by the plaintiff to recover damages for a false return made by the defendant, a justice of the peace of the town of Edmeston, in Otsego county, on an appeal from a judgment for forty-nine dollars and ninety-five cents damages and costs rendered by him in a civil action, wherein Charles H. Pope was plaintiff, and this plaintiff, Mary Jane Brooks, was defendant.
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Appeal from a judgment in favor of tbe plaintiff, entered upon the verdict of a jury. This action was brought by the plaintiff to recover damages for a false return made by the defendant, a justice of the peace of the town of Edmeston, in Otsego county, on an appeal from a judgment for forty-nine dollars and ninety-five cents damages and costs rendered by him in a civil action, wherein Charles H. Pope was plaintiff, and this plaintiff, Mary Jane Brooks, was defendant. The original pleadings were not returned by the justice, but alleged copies were set out in the return. The returns were false…
1Opinion of the Court
Learned, P. J.:
One Pope sued the plaintiff, Brooks, before the defendant, St. John, a justice of the peace, and recovered. She appealed; The return made by the justice, as the jury have found, was false, By reason of the falsity of the return the appeal was heard on the law and not on the facts. And the present plaintiff Brooks, who-had no question of law to present, but desired to have a new trial, had judgment against her of affirmance, with costs. She now sues-the justice for the damages occasioned by the false return. The judge charged that she was entitled to recover the costs paid in…
2Cases cited2 opinions
- Millard v. JenkinsNew York Supreme Court · 1832
- Rector v. . ClarkNew York Court of Appeals · 1879