Pugsley v. Anderson
New York Supreme Court
Error or certiorari. The certiorari in this case was directed to J. H. Smith, Esq. one of the justice’s of the peace county of Westchester, in which, after a recital of a willingness to be certified of certain proceedings had beftire justice on the complaint of I. Anderson, I. H. and C. C., commissioners of highways of the town of Harrison in the said county, against Richard Pugsley, touching certain pretended encroachments said to have been made on a certain highway in the…
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Error or certiorari. The certiorari in this case was directed to J. H. Smith, Esq. one of the justice’s of the peace county of Westchester, in which, after a recital of a willingness to be certified of certain proceedings had beftire justice on the complaint of I. Anderson, I. H. and C. C., commissioners of highways of the town of Harrison in the said county, against Richard Pugsley, touching certain pretended encroachments said to have been made on a certain highway in the said town, the justice was commanded to send to this court the written complaint and allegations of the com- .. f .. . .…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The justice was right in the opinion he pronounced, that after issuing the precept for summoning the jury he had no duty to perform on the inquiry except to swear the jury and the witnesses. In a proceeding under this statute he does not act judicially; he has no judgment to render, nor order of any kind to enter; if the costs are not paid in ten days, it is his duty to issue a warrant, not an execution, for their collection. He is of course to tax the costs, but he has not the custody of the certificate of the finding of the jury ; and it seems to me he has no…
2Cited by5 opinions
- Niblo v. Post's administratorsNew York Supreme Court · 1840
- State ex rel. Wiesmann v. KemenWisconsin Supreme Court · 1884
- Pearsall v. Commissioners of HighwaysNew York Supreme Court · 1837
- Root v. BarnesMichigan Supreme Court · 1848
- In re Mount Morris SquareNew York Supreme Court · 1841