People ex rel. Doughty v. Judges of Dutchess C. P.
New York Supreme Court
Mandamus. By the return to the alternative writ, it appeared that James Griffin recovered a judgment against the relator before a justice of the peace, on the twelfth day of March, 1839, from which the relator had attempted an appeal to the C. P. When the cause came on for trial in the C. P., Griffin objected that the court had no jurisdiction, and on referring to the affidavit and appeal bond it appeared those papers recited a judgment as rendered by the justice on the…
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Mandamus. By the return to the alternative writ, it appeared that James Griffin recovered a judgment against the relator before a justice of the peace, on the twelfth day of March, 1839, from which the relator had attempted an appeal to the C. P. When the cause came on for trial in the C. P., Griffin objected that the court had no jurisdiction, and on referring to the affidavit and appeal bond it appeared those papers recited a judgment as rendered by the justice on the eleventh day of March, 1839, whereas the return of the justice was of a judgment rendered on the twelfth day of that month.…
1Opinion of the Court
By the Court, Bronson, J.
Although the bond was perfect in point of form, there was a variance of a day in reciting the judgment. The recital of the day on which the judgment was rendered was wholly unnecessary, 2 R. S. 259, § 189, and the variance was, I think, such an “imperfection” as the court might, in its discretion, have allowed to be amended. §204. There is also another statute fully warranting the amendment, 2 R. S. 556, § 33, 34, and the court of common pleas erred in ordering the appeal to be quashed.
This presents an important question in relation to the appropriate office of the…
2Cases cited5 opinions
- United States v. LawrenceSupreme Court of the United States · 1795
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- Ex Parte Jesse HoytSupreme Court of the United States · 1839
- Ex Parte Myra Clarke WhitneySupreme Court of the United States · 1839
- Commonwealth v. Judges of Common PleasSupreme Court of Pennsylvania · 1810
3Cited by42 opinions
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Buckley v. BuckleyNew York Supreme Court · 1850
- Smyth v. TitcombSupreme Judicial Court of Maine · 1850
- Judges of the Oneida Common Pleas v. People ex rel. SavageNew York Supreme Court · 1837
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