Woodard v. Paine & Lake
New York Supreme Court
THIS was an action of tresspass, for taking and carrying away a pair of horses, waggon and harness. The cause was tried at the Dutchess circuit, in 1817. The defendant, Paine, was a justice of peace in the county of Dutchess. In July, 1816, an action was brought before Paine, by one Hannah Betts, against the plaintiff in this suit, for an assault and battery.
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THIS was an action of tresspass, for taking and carrying away a pair of horses, waggon and harness. The cause was tried at the Dutchess circuit, in 1817. The defendant, Paine, was a justice of peace in the county of Dutchess. In July, 1816, an action was brought before Paine, by one Hannah Betts, against the plaintiff in this suit, for an assault and battery. A written plea to the jurisdiction of the justice was interposed, and overruled ; and during the trial the counsel for Woodard strenuously jected to the iustice proceeding in the cause, and stated , , . , , . , , , . , - ,, . to him that…
1Per curiam
The motion for a new trial in this case must be denied. From the nature of the cause, and the testimony that was given, there was room for an honest difference of opinion as to the conduct of the defendants, and as to the damages sustained by the plaintiff. We are inclined to think that the better conclusion is, that the magistrate acted under an honest and real impression that he had jurisdiction of the case before him. The testimony is pretty strong to show that the property was purchased in, under the constable’s sale, for the benefit of the plaintiff, so that he has only sustained damages…
2Cited by4 opinions
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