Benn v. Borst
New York Supreme Court
Error from the Madison common pleas. In an action of debt on judgment, the plaintiff in support of his declaration produced a certificate of a justice of the peace that at a court holden before him, at his office in the town of Middlebury, in the county of Schoharie, on the 17th day of April, 1817, Borst did, by the consideration and judgment of the said court, recover against Benn $15,75 in a certain plea of trespass on the case, for the damages and costs of Borst.
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Error from the Madison common pleas. In an action of debt on judgment, the plaintiff in support of his declaration produced a certificate of a justice of the peace that at a court holden before him, at his office in the town of Middlebury, in the county of Schoharie, on the 17th day of April, 1817, Borst did, by the consideration and judgment of the said court, recover against Benn $15,75 in a certain plea of trespass on the case, for the damages and costs of Borst. The; certificate was objected to as insufficient to prove the judgment ; it was however received, and no other evidence being…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The statute under which the justice’s certificate was granted declares that the official certificate of a justice of the peace certifying the proceedings, judgment and execution in a cause in which judgment has been rendered by him shall be good and legal evidence of the facts contained therein. Laws of 1824, p. 292, § 29. The object of this provision was to facilitate the proof of justices’judgments, and to render unnecessary the personal attendance of justices to testify to judgments rendered by them. If, therefore, the same effect is asked to be given to a…
2Cited by6 opinions
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- Gould v. GlassNew York Supreme Court · 1855
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- Adams v. Saratoga & Washington RailroadNew York Court of Appeals · 1852
- Agar v. TibbetsNew York Supreme Court · 1887
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