Hughes v. Stickney
New York Supreme Court
Error from the Genesee common pleas. Hughes sued Stickney in a justice’s court. Issue was joined between them, and the cause tried by a jury. No evidence was given on the part of the defendant.
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Error from the Genesee common pleas. Hughes sued Stickney in a justice’s court. Issue was joined between them, and the cause tried by a jury. No evidence was given on the part of the defendant. The jury, after retiring to consider of their verdict, returned into court; and the justice, in the absence of the plaintiff and without calling him, received the verdict of the jury, by which they found no cause of action ; upon which the justice entered judgment against the plaintiff for the cost of the suit. The defendant (Sticlmey) thereupon sued out a certiorari, and the common pleas of Genesee…
1Opinion of the Court
By the Court,
Nelson, J.
It is perfectly clear, from the language_of the statute, that the defendant below was not entitled to bring ths certiorari in this case. “ Either party, thinking himself aggrieved by such judgment, may remove it by certiorari.” 2 R. S. 255, § 170. That the party must in some way be injured by the judgment he seeks to reverse, is fairly implied from all the cases. 2 Johns. R. 8,9. 6 id. 111. 7 id. 373. Archb. Br. 230. Thinking one’s self aggrieved may be enough to bring the certiorari; but success in the proceeding is a different thing. Hughes brought the suit below…
2Cited by6 opinions
- Biershenk v. StokesNew York Court of Common Pleas · 1894
- Alling v. SheltonSupreme Court of Connecticut · 1844
- Presstman v. MasonCourt of Appeals of Maryland · 1887
- Ward v. BullSupreme Court of Florida · 1847
- Betts v. SholtonWisconsin Supreme Court · 1869
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