Wilson v. Williams
New York Supreme Court
[582] Motion to set aside proceedings for irregularity in an act of replevin. Williams obtained two judgments against Wilson in a justice’s court, one for $35 and the other for 840, in suits commenced by attachments under the act to abolish imprisonment, &c., by virtue of which, property belonging to Wilson was seized.
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[582] Motion to set aside proceedings for irregularity in an act of replevin. Williams obtained two judgments against Wilson in a justice’s court, one for $35 and the other for 840, in suits commenced by attachments under the act to abolish imprisonment, &c., by virtue of which, property belonging to Wilson was seized. On the return day of the attachments, the defendant appeared before the justice and made some technical objections, which being overruled, he declined appearing to the action, and judgments were entered without any issue being joined. On the day succeeding the rendition of the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
[583] A justice of the peace has jurisdiction in the case of an attachment, under the Revised Statutes, to the amount of $100, (2 R. S. 225, § 2, sub, 4;) and under the act to abolish imprisonment, &c., to the amount of $50. {Statutes, session of 1831, p. 404, § 34.) Where no issue has been joined, though the judgment exceed $25, the remedy to correct any errors of the justice is by certiorari to the common pleas. (2 R. S. 255, § 170.) Where an issue'has been joined before the justice, and the judgment exceeds $25, the remedy is by appeal to that court. (2 R. S.…
2Cases cited2 opinions
- Kesler v. HaynesNew York Supreme Court · 1831
- M'Farland v. M'NittNew York Supreme Court · 1833
3Cited by2 opinions
- Edgerly v. BarkerSupreme Court of New Hampshire · 1891
- Martin v. BallouNew York Supreme Court · 1852