Baker v. Brintrall
New York Supreme Court
Appeal from a judgment. This action was commenced in a justice’s court of Saratoga county, by Harriet Baker against the defendant Joseph H. Brintrall as constable,—for neglecting his duty as an officer in returning an execution issued upon a judgment in favor of the plaintiff against one Mary A. Estee, unsatisfied, when the same might have been collected. The defendant denied the complaint. The cause was tried by a jury who found in favor of the plaintiff.
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Appeal from a judgment. This action was commenced in a justice’s court of Saratoga county, by Harriet Baker against the defendant Joseph H. Brintrall as constable,—for neglecting his duty as an officer in returning an execution issued upon a judgment in favor of the plaintiff against one Mary A. Estee, unsatisfied, when the same might have been collected. The defendant denied the complaint. The cause was tried by a jury who found in favor of the plaintiff. The judgment rendered before the justice was appealed to the county court of Saratoga county, where the judgment was reversed. From the…
1Opinion of the Court
By the Court.*—Potter, J.
—We are not informed upon what ground the judgment before the justice was reversed in the county court. We are therefore left to examine the objections taken by. the defendant before the justice, to see if there is any good reason for the reversal, and will proceed to examine these objections.
The justice who rendered the judgment was sworn, and produced the original proceedings of the trial and judgment; this was objected to by defendant, and the objection overruled, and, as I think, correctly. It was necessary that the plaintiff show, not only that the judgment was…
2Cases cited4 opinions
- Smith v. HillNew York Supreme Court · 1856
- Van Sickler v. JacobsNew York Supreme Court · 1817
- Mickles v. TousleyNew York Supreme Court · 1823
- Vrooman v. ShepherdNew York Supreme Court · 1852
3Cited by13 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Dalton v. LoughlinNew York Court of Common Pleas · 1877
- Wilcox v. HoweNew York Supreme Court · 1891
- Herbach v. HerbachCity of New York Municipal Court · 1933
- In Re BonzeyUnited States Bankruptcy Court, D. Rhode Island · 1993
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