People v. Judges of Oneida Common Pleas
New York Supreme Court
Demurrer, to a return to a writ of alternative mandamus. The writ of mandamus recited that John M. Mott had recovered a judgment against the relators before a justice of the peace, that the relators had removed the cause by appeal into the court of C. P. of Oneida county, where it was referred to three referees pursuant to the statute, that the referees reported that nothing was due to the plaintiff, and that the court on the motion of the plaintiff, set aside the report to…
Read the full summary
Demurrer, to a return to a writ of alternative mandamus. The writ of mandamus recited that John M. Mott had recovered a judgment against the relators before a justice of the peace, that the relators had removed the cause by appeal into the court of C. P. of Oneida county, where it was referred to three referees pursuant to the statute, that the referees reported that nothing was due to the plaintiff, and that the court on the motion of the plaintiff, set aside the report to the great damage of the relators, &c. The judges were then commanded to vacate their order setting aside the report, or…
1Opinion of the Court
After advisement the following opinions were delivered :
By Bronson, J.
The declaration was in the usual form for charging the relators as joint contractors. It contained no intimation that the plaintiff sought to recover a debt due from the wife dum sola, nor was it alleged that the relation of husband and wife existed between the relators. The bill of particulars was equally defective. Although the pleadings in justices’ courts are liberally construed, we cannot wholly overlook matters of form. The declaration must show that the plaintiff has a good cause of action, and on the trial the proof…
2Cases cited4 opinions
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- People ex rel. Fleming v. Niagara C. P.New York Supreme Court · 1834
3Cited by8 opinions
- People ex rel. Hackley v. Croton Aqueduct BoardNew York Supreme Court · 1867
- Fish v. WeatherwaxNew York Supreme Court · 1801
- Maynard v. TidballWisconsin Supreme Court · 1853
- State ex rel. Wood v. Judge of Kenosha Circuit CourtWisconsin Supreme Court · 1854
- Judges of Oneida Common Pleas v. People ex rel. SavageCourt for the Trial of Impeachments and Correction of Errors · 1799
3 more not listed; retrieve them via the Exa API.