Smith v. Randall
New York Supreme Court
Eirkpb. to the Oneida C. P. Randall sued Smith and others before a justice, and declared in trespass for taking a wagon, and upon issue joined he recovered a judgment, from which the defendants appealed to the C. P., where the cause was tried in March, 1841. The plaintiff proved the taking and sale of the wagon in the fall of 1839. The defendants were trustees of school district No. 6 in the town of Paris, and the wagon was taken by the district collector by authority of the…
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Eirkpb. to the Oneida C. P. Randall sued Smith and others before a justice, and declared in trespass for taking a wagon, and upon issue joined he recovered a judgment, from which the defendants appealed to the C. P., where the cause was tried in March, 1841. The plaintiff proved the taking and sale of the wagon in the fall of 1839. The defendants were trustees of school district No. 6 in the town of Paris, and the wagon was taken by the district collector by authority of the ■defendants, to satisfy the plaintiff’s portion of a tax of $400. which had been voted by the district in February of…
1Opinion of the Court
By the Court, Bronson, J.
The act of 1838 gives the justice authority to issue a commission to one or more competent persons to take and certify the depositions of witnesses, “ and to return the same according to the directions given with such commission.” (Stat. 1838, p. 132, § 2.) u The commission shall be executed and returned as is prescribed by statute when a commission issues out of a court of record, and the deposition and testimony taken in pursuance thereof shall be received on the trial.” (§ 4.) The interrogatories are to be settled by the justice, and certified by his approbation…
2Cases cited3 opinions
- Jackson ex dem. Parker v. HobbyNew York Supreme Court · 1823
- Beekman v. TraverNew York Supreme Court · 1838
- Preston v. LeavittNew York Supreme Court · 1831