Clayton v. Per Dun
New York Supreme Court
INERROR, on certiorari toa justice^,court; It appeared that,' after issuing the warrant,, arid before the day of trial, in this cause, the justice removed with his family .. •> . . . • , • • , ' mto a house which had been occupied ás a tavern, under an ' x agreement with the forpier occupant, that he,,.me justice, might “continue the tavern in the said house, until the license could ^e renewed.” -The cause.was tried.in that house a few days after the justice had taken…
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INERROR, on certiorari toa justice^,court; It appeared that,' after issuing the warrant,, arid before the day of trial, in this cause, the justice removed with his family .. •> . . . • , • • , ' mto a house which had been occupied ás a tavern, under an ' x agreement with the forpier occupant, that he,,.me justice, might “continue the tavern in the said house, until the license could ^e renewed.” -The cause.was tried.in that house a few days after the justice had taken possession of it. The tavern sign °f former occupant was still-kept up,,.and travellers called as usual, and drank spirituous…
1Opinion of the Court
Per Curiam*
The evidence clearly shows, that the justice kept a tavern in fact; aqd whether he had, or had not,, a license for. that purpose, he Was equally disqualified for trying causes as a justice.- Nof is It material .that the suit was instituted before he became, so disqualified;. nor would it cure the defect if .the, plaintiff below did áppéar and consent, to the trial, becaiise such consent .could not confer jurisdictioft. Low v. Rice,, (8 Johns. Rep. 409.,) on the-two; last points, is.decisive.
The. judgment must, be reversed*
2Cited by7 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Deming v. McClaughryCourt of Appeals for the Eighth Circuit · 1902
- Moses v. JulianSupreme Court of New Hampshire · 1863
- State ex rel. Meek v. GleasonSupreme Court of Florida · 1868
- Rathbun v. MoodySupreme Court of Minnesota · 1860
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