Thomas v. Robinson
New York Supreme Court
This was an action of debt tried at the Chenango circuit in July, 1827, before the Hon. Samuel Nelson, one of the . .... circuit judges. The declaration contained a count in debt on a judgment rendered by a justice of the peace of the county of Susquehannah, in the state of Pensylvania, on the 16th March, 1820, for the sum of S70,09¡-, and also the common money counts. The defendant pleaded nil débet.
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This was an action of debt tried at the Chenango circuit in July, 1827, before the Hon. Samuel Nelson, one of the . .... circuit judges. The declaration contained a count in debt on a judgment rendered by a justice of the peace of the county of Susquehannah, in the state of Pensylvania, on the 16th March, 1820, for the sum of S70,09¡-, and also the common money counts. The defendant pleaded nil débet. On the trial of the cause the plaintiff offered in evidence a transcript from the docket of the justice, authenticated by a certificate of the prothonotary of the court of common pleas of the…
1Opinion of the Court
By the Court,
Sutherland, J.
This being an action of debt upon a justice’s judgment rendered in the state of Pennsylvania, it was incumbent upon the plaintiff to shew that the magistrate had jurisdiction of the subject matter of the suit as well as of the person of the defendant. Courts of justices of the peace are not courts of record.. They do not proceed according to the course of the common law. (1 Johns. Cas. 20. 3 Johns. R. 429.) They are confined strictly to the authority given them by statute, and can take nothing by implication, but must show their authority in every instance, and must…
2Cases cited3 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Jones v. ReidNew York Supreme Court · 1799
- Wells v. NewkirkNew York Supreme Court · 1800
3Cited by41 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- In Re KaineSupreme Court of the United States · 1853
- Guilford v. LoveTexas Supreme Court · 1878
- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
- Pickering v. State ex rel. DyarIndiana Supreme Court · 1886
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