Hubbard v. Spencer
New York Supreme Court
IN ERROR, on 'certiorari to a justice’s court. The. defendant in error brought an action of debt in the court below against the plaintiff in error, on a judgment rendered by another justice in favour of the former against the latter.
Read the full summary
IN ERROR, on 'certiorari to a justice’s court. The. defendant in error brought an action of debt in the court below against the plaintiff in error, on a judgment rendered by another justice in favour of the former against the latter. Moss, who gave the judgment, testified on the part of the plaintiff below, that Hubbard, the defendant below, had been brought before him on a warrant at the suit of Spencer, the plaintiff; that the cause was adjourned until the 30th of December, 1815, on which day neither of the parties appeared, nor any person on their behalf; that in February next, thereafter,…
1Opinion of the CourtPlatt, J.
The suit originally instituted before Moss was unequivocally discontinued by the non-appearance of the plaintiff in that suit, on the 30th of December, 1815 ; and the parties then stood in the same situation as if it had never existed. According to the testimony of Moss himself, the judgment before him was entered nunc pro tune, nearly two months after the discontinuance of the suit; and the only colour for that extraordinary proceeding was, that the defendant had authorized his attorney, Sherrill, to appear at the adjourned day, and confess a judgment on the suit then pending, coupled with…
2Cited by4 opinions
- Hard v. ShipmanNew York Supreme Court · 1849
- Stoddard v. HolmesNew York Supreme Court · 1823
- Handshaw v. ArthurNew York Supreme Court · 1895
- McAloon v. License CommissionersSupreme Court of Rhode Island · 1900