M'Dowell v. Van Deusen
New York Supreme Court
^ ERROR, on certiorari to a justice’s court, The defendant below, after issue joined, pleaded puis darrein continuance, that the justice ought not to try the cause, because he had given his opinion in the cause, and verified his plea by affidavit of himself and another person; to this plea there was a demurrer and joinder, and it was agreed between the parties, that, in case the justice should decide in favour of the plaintiffs below, on the demurrer, he should give judgment…
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^ ERROR, on certiorari to a justice’s court, The defendant below, after issue joined, pleaded puis darrein continuance, that the justice ought not to try the cause, because he had given his opinion in the cause, and verified his plea by affidavit of himself and another person; to this plea there was a demurrer and joinder, and it was agreed between the parties, that, in case the justice should decide in favour of the plaintiffs below, on the demurrer, he should give judgment against the defendant. The justice, in his return, denied the truth of the matter pleaded. Judgment was given for the…
1Per curiam
The plea puis darrein continuance, was properly overruled. Admitting the truth of the matter set forth in it, it was not such as the defendant could avail himself of, to prevent the trial. It is a general principle, (1 Inst. 294. 2 Inst. 422.) that a judge cannot be excepted to, or challenged, for corrup-. tian ; but must be punished by indictment, or impeachment. If this plea could not be supported, it was agreed by the parties that judgment should be rendered for the plaintiffs. The judgment must, therefore, be affirmed.
Judgment affirmed.
2Cited by8 opinions
- Cunningham v. BucklinNew York Supreme Court · 1828
- People v. NortonNew York Supreme Court · 1849
- People v. Capuano, New York County Courts1971
- Graham v. SelbieSouth Dakota Supreme Court · 1896
- Bean v. QuimbySuperior Court of New Hampshire · 1829
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