Dennison v. Collins
New York Supreme Court
Certiorari from a Justice's Court. Assumpsit, by Collins against Dennison. The process was for $25 damages, under the “ act for the recovery of debts to the value of twenty-five dollars.”
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Certiorari from a Justice's Court. Assumpsit, by Collins against Dennison. The process was for $25 damages, under the “ act for the recovery of debts to the value of twenty-five dollars.” The declaration claimed damages to $27,10. Issue being joined, and -jury impannelled and sworn, the trial was, without objecnon, suspended about two hours, to enable the delendant to procure a witness. - During this time, a bottle of liquor was handed round, of which the jurors, and other persons in the room, drank. But nothing was drank, by the jurors, for an hour and a half previous to the re-commencement…
1Opinion of the Court
Curia.
It is contended, that the plaintiff, by laying his damages, in his declaration, at more than $25, ousted the Justice of his jurisdiction, the suit being under the 25 dollar act. It is possible that, before the extension of a Justice’s jurisdiction to 50 dollars,(a) this objection might have been fatal. The case of Bowditch v. Salisbury,(b) appears to countenance that opinion. But now it is an objection in form merely. The Justice had jurisdiction beyond the amount claimed in the declaration. The objection, therefore, of a want of jurisdiction, is not well founded. But it is objected,…
2Cases cited1 opinion
- Bowditch v. SalisburyNew York Supreme Court · 1812
3Cited by3 opinions
- Ryan v. HarrowSupreme Court of Iowa · 1869
- Pelham v. PageSupreme Court of Arkansas · 1846
- State v. BruceSupreme Court of Iowa · 1878