Reed v. Gillet
New York Supreme Court
IN ERROR, on certiorari, to a justice’s court. On the 5th of June, 1813, Gillet sued Reed, by summons, which was returned, served by copy. g warrant was then issued, at the return of which the 7 declared' in debt, on a judgment, recovered before * o ■ o ? ■ William Parkes, on the 3d of April, 1813, alleging that he , , . , . , r , , could not prosecute said judgment to execution because Parkes had been removed from office.
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IN ERROR, on certiorari, to a justice’s court. On the 5th of June, 1813, Gillet sued Reed, by summons, which was returned, served by copy. g warrant was then issued, at the return of which the 7 declared' in debt, on a judgment, recovered before * o ■ o ? ■ William Parkes, on the 3d of April, 1813, alleging that he , , . , . , r , , could not prosecute said judgment to execution because Parkes had been removed from office. The defendant pleaded, that judgment should have been rendered against him upon the summons, and that a warrant ought not to have been issued; and that the plaintiff had…
1Per curiam
This judgment must be affirmed. The defendant below not having appeared upon the service of a copy of the summons, it was regular in the justice to issue a warrant; and to have given judgment without issuing another summons, or a warrant, would have been erroneous. Nor is there any weight in the other objection, although the justice may not have assigned a good reason for overruling it. The objection was not that Justice Parties had not been superseded, but that he was not a magistrate when he rendered the judgment, upon which the present suit was founded. The judgment was proved by the…
2Cited by6 opinions
- Moody v. KeenerSupreme Court of Alabama · 1838
- State v. HascallSuperior Court of New Hampshire · 1833
- Spegal v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- Prescott v. HatesSupreme Court of New Hampshire · 1860
- Grim v. AdkinsIndiana Court of Appeals · 1898
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