Gardner v. Jones
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. Gardner brought an action of debt against Jones, before a Justice’ for the amount of an execution issued on a judgment in a Justice’s Court, in favour of the plaintiff, against one Dennison, for 31 dollars and 46 cents, which the defendant bad received as a constable, on the 3d day of October, 1821, and which was not returned by him until the 18th of March, 1832. The plaintiff claimed the amount of the execution, under the 13th…
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IN ERROR, on certiorari to a Justice’s Court. Gardner brought an action of debt against Jones, before a Justice’ for the amount of an execution issued on a judgment in a Justice’s Court, in favour of the plaintiff, against one Dennison, for 31 dollars and 46 cents, which the defendant bad received as a constable, on the 3d day of October, 1821, and which was not returned by him until the 18th of March, 1832. The plaintiff claimed the amount of the execution, under the 13th section of the twenty-five dollar act. There was a verdict and judgment for the defendant.
1Per curiam
The only question before the Justice was on a point of law, whether the act extending the jurisdiction of Justices of the Peace, (passed 10th of April, 1818, sess. 41. ch. 94.) gives the same rémedy, by action of debt against the delinquent constable, as the act for the recovery of debts to the value of 35 dollars, (passed April 5, 1813. 1 N. R. L. 387. sess. 36. ch. 53.) The act of the 10th of April, 1818, contains no express provision on the subject; but the twelfth section declares, that “ all the provisions of the former act, shall apply to this act, except as herein otherwise directed.”…
2Cited by2 opinions
- Snyder v. AndrewsNew York Supreme Court · 1849
- Matthews v. BeachThe Superior Court of New York City · 1841