Barnes v. Harris
New York Supreme Court
Demurrer to declaration. Barnes declared against Harris upon a justice’s judgment, “For that, whereas, heretofore, to wit, on the seventeenth day of May, in the year one thousand eight hundred and forty-four, at Norwich in said county of Che-nango, the said plaintiff by the consideration and judgment of Harvey Hubbard, Esq. then and yet a justice of the peace in the town of Norwich, in and for the said county of Chenango, and then and there sitting and acting as such justice…
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Demurrer to declaration. Barnes declared against Harris upon a justice’s judgment, “For that, whereas, heretofore, to wit, on the seventeenth day of May, in the year one thousand eight hundred and forty-four, at Norwich in said county of Che-nango, the said plaintiff by the consideration and judgment of Harvey Hubbard, Esq. then and yet a justice of the peace in the town of Norwich, in and for the said county of Chenango, and then and there sitting and acting as such justice of the peace, pursuant to the statute, recovered against the said defendant the sum of one hundred dollars damages and…
1Opinion of the Court
By the Court,
Morehouse, J.
The question presented is, whether enough is set forth in the plaintiff’s declaration to show that the justice had jurisdiction of the cause in which the judgment was rendered. It would be a matter of deep humiliation to find that a question so frequently before this court had hitherto eluded the scrutiny of its judges, and that an affluence of adjudication relative to the form of pleading proceedings be-forejustices of the peace, and other inferior judicatories, (exceeding that upon any other isolated question,) had only served to render it more doubtful and…
2Cases cited5 opinions
- Mills v. MartinNew York Supreme Court · 1821
- Cleveland v. RogersNew York Supreme Court · 1831
- Service v. HeermanceNew York Supreme Court · 1806
- Lawton v. ErwinNew York Supreme Court · 1832
- Stiles v. StewartNew York Supreme Court · 1834
3Cited by8 opinions
- Davis v. SladdenOregon Supreme Court · 1889
- Wheeler v. DakinNew York Supreme Court · 1856
- Halstead v. BlackNew York Supreme Court · 1864
- Hollister v. HollisterNew York Supreme Court · 1854
- State v. GustinOregon Supreme Court · 1966
3 more not listed; retrieve them via the Exa API.