Handshaw v. Arthur
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John S. Arthur, from a judgment of the County Court of Suffolk county in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 14tli day of December, 1895, upon the verdict of a jury rendered after a trial at a Trial Term of the Suffolk County Court, and also from an order entered in said clerk’s office on the 3d day of-December, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J. :
This action was before the General Term of this court at the July-term in 1895. The decision of the court on that appeal is reported-in 89 Hun, at page 179. In the prevailing opinion the facts of the case are fully stated. The question is whether a justice of the peace, who had adjourned a case pending before him, on the failure of both parties to appear, and thereafter had granted a judgment in favor of the plaintiff and issued an execution thereon, is liable as a trespasser. The late General Term holding, though with dissent, the defendant liable, reversed a judgment óf the…
2Cases cited4 opinions
- Horton v. AuchmoodyNew York Supreme Court · 1831
- Austin v. . VroomanNew York Court of Appeals · 1891
- Hard v. ShipmanNew York Supreme Court · 1849
- Jones v. ReidNew York Supreme Court · 1799
3Cited by8 opinions
- Lurman v. JarvieAppellate Division of the Supreme Court of the State of New York · 1903
- Seneca v. ColvinAppellate Division of the Supreme Court of the State of New York · 1917
- People v. HenriesNew York Supreme Court · 1930
- Doran v. SavocaNew York Supreme Court · 1963
- Bienenstock v. McCoyNew York Supreme Court · 1949
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