Allen v. Crofoot
New York Supreme Court
Error from the Cortland common pleas. Crofoot sued Allen in a justice’s court, and declared against him in trespass for entering his house in his absence and obtaining copies of papers for the purpose of commencing a suit against him. The defendant pleaded the general issue and license to enter the house. The cause was tried by a jury, who found a verdict for the plaintiff for $50, for which sum and the costs of suit (as stated in the return) the justice gave judgment.
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Error from the Cortland common pleas. Crofoot sued Allen in a justice’s court, and declared against him in trespass for entering his house in his absence and obtaining copies of papers for the purpose of commencing a suit against him. The defendant pleaded the general issue and license to enter the house. The cause was tried by a jury, who found a verdict for the plaintiff for $50, for which sum and the costs of suit (as stated in the return) the justice gave judgment. The defendant appealed to the Cortland common pleas, and on the trial in that court the following facts appeared : There had…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff in error seeks to reverse the judgment in the common pleas on two grounds.
1. It is said the common pleas bad no jurisdiction because the penalty of the appeal bond was not in double the amount of the judgment. The judgment was entered according to the justice’s return for $50 damages and the costs of suit. As no sum is mentioned for costs, and the only sum mentioned is the $50, this court cannot say that the judgment was en*509tered for a greater sum. The penalty, therefore, is correct. The bond was incorrect in not containing the latter condition…
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