Moore v. Lyttle
New York Court of Chancery
BILL for an injunction to stay execution on a judgment rendered against the plaintiff, for 44 dollars and 15 cents, before a Justice of the Peace, by default.
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BILL for an injunction to stay execution on a judgment rendered against the plaintiff, for 44 dollars and 15 cents, before a Justice of the Peace, by default. The bill charged, that the plaintiff had a good and meritorius defence, which it disclosed, and that the default was by surprize, and is sufficiently excused, and that he had paid to the justice the. • sum recovered, by way of deposit, and had offered to pay the costs of the suit, and to let the deposit remain with the justice as a security, and that the offers were rejected.
1Opinion of the Court
The Chancellor.
I have great doubts whether the sum in question is sufficient to justify the interference of this court. A small sum will not bear the expense and burden of the litigation, and the remedy would be worse than the disease. But, perhaps, it may be more advisable to let the objection be raised by the defendant, and the point discussed, than to bar the door in the first instance. I, therefore, hesitatingly, allow the injunction, and under a doubt, whether the demand ought not to exceed the jurisdiction of justices of the peace, which is now fifty dollars. The question will be fairly…
2Cited by4 opinions
- Thatcher v. CandeeNew York Court of Appeals · 1866
- Hawkins v. DavisCourt of Appeals for the Second Circuit · 1895
- Fullerton v. JacksonNew York Court of Chancery · 1821
- Allen v. DemarestNew Jersey Court of Chancery · 1886