Stearns v. Wright
Supreme Court of New Hampshire
Appeal from tlie decision of tlie commissioner on John S. Proctor’s estate. The declaration contained five counts, as follows: 1. Money had and received by Proctor for the use of Stearns. 2. Land of Sliattuck bargained, sold, and conveyed by Stearns to tlie defendant. 8. Land of Shattuck sold and conveyed by Sliattuck to Proctor. 4. Goods of Sliattuck sold and delivered by Stearns to Proctor. 5. Interest on money due from Proctor to Stearns.
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Appeal from tlie decision of tlie commissioner on John S. Proctor’s estate. The declaration contained five counts, as follows: 1. Money had and received by Proctor for the use of Stearns. 2. Land of Sliattuck bargained, sold, and conveyed by Stearns to tlie defendant. 8. Land of Shattuck sold and conveyed by Sliattuck to Proctor. 4. Goods of Sliattuck sold and delivered by Stearns to Proctor. 5. Interest on money due from Proctor to Stearns. Amended counts alleged the promises as made to the plaintiff as administrator. So much of the specification as is material was as follows: “ The…
1Opinion of the CourtSargent, J.
I. At common law, the recusation of a judge does not *608affect the jurisdiction, but is merely a ground to set aside the judgment on error or appeal, except in cases of inferior tribunals where no writ of error or appeal lies. Gorrill v. Whittier, 3 N. H. 268; Cottle, apt., 5 Pick. 483; Moses v. Julian, 45 N. H. 54, and cases. Therefore, when any cause of recusation or exception to a judge exists, such as that he is interested in the result'of-a suit, or is related to the parties, or has been of counsel, or the like, his acts and proceedings as judge, though erroneous, are ordinarily voidable,…
2Cases cited5 opinions
- Striker v. MottNew York Supreme Court · 1831
- Edwards v. RussellNew York Supreme Court · 1839
- Low v. RiceNew York Supreme Court · 1811
- Clayton v. Per DunNew York Supreme Court · 1816
- Colvin v. LutherNew York Supreme Court · 1828