Whitney v. Shufelt
Court for the Trial of Impeachments and Correction of Errors
Demurrer to picas. The declaration was in trespass for assault and battery and false imprisonment. The defendant pleaded, (1) Not guilty; (2) Actio non, because before, &c. on, &c. the defendant went before T. F. M., a justice of the peace of said town, and made oath in writing before the said justice that he had, as he believed, a just cause of action against the present plaintiff for trespass committed by him, and that he (the present plaintiff) was not a resident of that…
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Demurrer to picas. The declaration was in trespass for assault and battery and false imprisonment. The defendant pleaded, (1) Not guilty; (2) Actio non, because before, &c. on, &c. the defendant went before T. F. M., a justice of the peace of said town, and made oath in writing before the said justice that he had, as he believed, a just cause of action against the present plaintiff for trespass committed by him, and that he (the present plaintiff) was not a resident of that county, whereupon the said T. F. M., as such justice, issued a warrant against the plaintiff, then setting out the…
1Opinion of the Court
By the Court, Jewett, J.
I am of opinion that the demurrers are well taken to the several pleas demurred to.
The statute, (2 R. S. 225, § 2, sub. 2,) confers on justices of the peace jurisdiction over and cognizance of “ actions of trespass and trespass on the case for injuries to persons, or to real or personal property, wherein the damages claimed shall not exceed fifty dollars.” “Suits may be instituted before a justice either by the voluntary appearance and agreement of the parties *594or by process ; when by process, it shall be either á summons or warrant, or an attachment.” (2 R. S. 227, §…
2Cases cited1 opinion
- Loder v. PhelpsNew York Supreme Court · 1834
3Cited by10 opinions
- In re BrosnahanU.S. Circuit Court for the District of Western Missouri · 1883
- Turner v. . RobyNew York Court of Appeals · 1849
- Pope v. HartNew York Supreme Court · 1862
- Halliday v. NobleNew York Supreme Court · 1847
- Walker v. MoseleyNew York Supreme Court · 1847
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