Persons v. Parker
New York Supreme Court
Error to the Erie common pleas. The action was commenced November 9,1842, in a justice’s court, by Parker against Persons, where there was a recovery against the defendant, and he appealed to the Erie common pleas. In that court the plaintiff had a verdict for $228,55, upon which judgment was entered, with $156,86 costs.
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Error to the Erie common pleas. The action was commenced November 9,1842, in a justice’s court, by Parker against Persons, where there was a recovery against the defendant, and he appealed to the Erie common pleas. In that court the plaintiff had a verdict for $228,55, upon which judgment was entered, with $156,86 costs. The facts are briefly these:'On the 18th of May, 1839, one Henry Parker commenced a suit in a justice’s court, against James Patterson and John Ross, who put in a plea of title to land, and gave the usual bond, with Francis B. Parker as surety: and thereupon, on the 25th of…
1Opinion of the Court
By the Court,
Marvin, J.
It was insisted, on the argument, by the counsel for the plaintiff in error, that the action was barred by the revised statutes, (2 R. S. 296, § 22,) which provide that all actions against sheriffs upon any liability incurred by them by the doing any act in their official capacity, or by the omission of any official duty, except for escapes, shall be brought within three years after the cause of action shall have accrued, and not after that period, The statute of limitations was not pleaded in this case, and it is insisted that it was not necessary to plead it; that the…
2Cases cited2 opinions
- Hinman v. BordenNew York Supreme Court · 1833
- Fairchild v. CaseNew York Supreme Court · 1840
3Cited by1 opinion
- Dennison v. PlumbNew York Supreme Court · 1854