Tiffany v. Gilbert
New York Supreme Court
Error to the Onondaga county court. Tiffany brought an action of trespass on the case against Gilbert, before a justice of the peace residing in the village of Syracuse. On the return day of the summons the defendant did not appear, but the plaintiff appeared, and declared against the defendant upon a warranty on the exchange of a horse for a cow; alleging that the defendant warranted the horse to be sound and true, but averring that he was not sound and true.
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Error to the Onondaga county court. Tiffany brought an action of trespass on the case against Gilbert, before a justice of the peace residing in the village of Syracuse. On the return day of the summons the defendant did not appear, but the plaintiff appeared, and declared against the defendant upon a warranty on the exchange of a horse for a cow; alleging that the defendant warranted the horse to be sound and true, but averring that he was not sound and true. After the examination of a witness on the part of the plaintiff the justice rendered a judgment in his favor, against the defendant,…
1Opinion of the Court
By the. Court, Gridley, J.
This case presents the question whether a certiorari will lie to reverse a judgment rendered by a justice, (without any appearance by the defendant in the court below,) in violation of the 8th section of the act relating to “ courts held by justices of the peace.” The objection did not appear on the face of the proceedings before the justice, nor by the testimony in the cause, but was taken by an assignment of error in fact. It was not denied upon the argument, that if the error could be corrected on certiorari, this was the proper mode of presenting the question.…
2Cases cited4 opinions
- Harvey v. RickettNew York Supreme Court · 1818
- Northrup v. JacksonNew York Supreme Court · 1834
- Ex parte Williams v. Albany Mayor's CourtNew York Supreme Court · 1835
- Barber v. McHenryNew York Supreme Court · 1831
3Cited by5 opinions
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- Snow v. HardySupreme Court of Minnesota · 1859
- Holmes v. CarleyNew York Supreme Court · 1860