M'Instry v. Tanner
New York Supreme Court
IN error, on certiorari, from a justice’s court. Tanner brought an action of trover against MAnstry for a chest of tools. The cause was tried by a jury. In the autumn of J J J 1807, the chest of tools, winch were the property ot one Andross, were sold at public auction, under an execution, and purchased by one Bartholomew, who, soon afterwards, sold them to Tanner for nine dollars, which was less than their value.
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IN error, on certiorari, from a justice’s court. Tanner brought an action of trover against MAnstry for a chest of tools. The cause was tried by a jury. In the autumn of J J J 1807, the chest of tools, winch were the property ot one Andross, were sold at public auction, under an execution, and purchased by one Bartholomew, who, soon afterwards, sold them to Tanner for nine dollars, which was less than their value. Tanner lent and delivered them to Andross, who continued in the possession of them, until they were taken by virtue of an execution in favour of MAnstry against Andross, in the…
1Per curiam
There is no ground for the objection that the proceedings before the justice were coram non judice, because he was a priest, or minister of the gospel. It was not true in point of fact; for the allegation is expressly contradicted in the return, and if it were not so, it might well be questioned whether the court could take notice of such an objection, in this way, since we are to intend that the justice acted under a regular commission ; and he has not been put to answer for an unconstitutional exercise of power. The acts of officers de facto, are often valid, as far as they concern the…
2Cited by31 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Brown v. O'ConnellSupreme Court of Connecticut · 1870
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- Carleton v. PeopleMichigan Supreme Court · 1862
- Cocke Ex Rel. Commercial Bank of Columbus v. HalseySupreme Court of the United States · 1842
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