Shove v. Raynor
New York Supreme Court
Error to the Onondaga O. P., to review a judgment of tha court reversing on certiorari, a judgment rendered by a justice of the peace. The suit before the justice was by Raynor v. Shove. Issue having been joined, it was tried by a jury who found a verdict for the defendant.
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Error to the Onondaga O. P., to review a judgment of tha court reversing on certiorari, a judgment rendered by a justice of the peace. The suit before the justice was by Raynor v. Shove. Issue having been joined, it was tried by a jury who found a verdict for the defendant. The return of the justice to the certiorari stated that when the jury “ had agreed upon their verdict they returned into court, and upon coming in of the said jury, I called the plaintiff, and some person to me not known answered to the name of the plaintiff; whereupon the jury delivered their verdict,” &c.
1Opinion of the Court
By the Court, Beardsley, J.
The manner of receiving the verdict was irregular. The plaintiff, if he chose to do so, might suffer a nonsuit by refusing to appear. This was an important right of which the justice could not deprive him by recognizing the answer of a person unknown, as an appearance for the plaintiff. The justice was bound to see that the plaintiff appeared in person or by some person duly authorized, before he received the verdict. (2 R. S. 244, § 110; Id. p. 246, § 119; Baum v. Tarpenny, 3 Hill, 75.) We cannot intend that this unknown person was the plaintiff, or any one…
2Cited by1 opinion
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