People ex rel. Debenetti v. Clerk of New York Marine Court
New York Supreme Court
Appeal from an order of the special term, granting a mandamus. The facts are fully stated in the dissenting opinion of Mr. Justice Whiting.
1Dissent
Whiting, J. dissented.
The relator on the 6th day of June, 1855, commenced a suit in the Marine Court of this city against Haman Manchin and others, and on the 25th of June obtained a judgment by default. On the 28th day of August that judgment was set aside, and after three trials before a jury, he, on the 5th of December, 1855, recovered a judgment against the defendants therein for $250.
On the 8th of December the defendants in that suit appealed to the Court of Common Pleas, to which appeal Justice Bird-sail made a return. The relator appeared in that court, and without taking any exception…
2Cases cited13 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- Ex Parte Jesse HoytSupreme Court of the United States · 1839
- Ex parte NelsonNew York Supreme Court · 1823
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