People ex rel. Phelps v. Delaware Common Pleas
New York Supreme Court
The relator, Phelps, sued George Ingalsbe before a justice, and at the close oí the trial and while the- parties were present, the justice made up; entered in his docket, and declared a judgment for the plaintiff for $46.98 damages besides costé. The plaintiff applied for an execution, and the defendant gave a bond to stay execution, reciting the judgment as above.
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The relator, Phelps, sued George Ingalsbe before a justice, and at the close oí the trial and while the- parties were present, the justice made up; entered in his docket, and declared a judgment for the plaintiff for $46.98 damages besides costé. The plaintiff applied for an execution, and the defendant gave a bond to stay execution, reciting the judgment as above. The justice also" gave the defendants’ counsel a written statement of the amount of the judgment, as' above.' This was done at the public house where1 the trial was had:1 The justice, after1 he got home, As appears by his return,…
1Opinion of the Court
By the Court,
Bronson, J.
There is no ground in this case for imputing a bad motive to the justice. He discovered that he had committed an error, not in the principle upon which the judgment was rendered, but in calculating the amount of the different items of the plaintiff’s demand which he intended to allow. He no doubt thought it proper to correct the error. But the question here does not turn upon that point. The judgment' was perfect and complete before the parties separated: all the powers of the justice in relation to the trial and adjudication of that matter were at an end; and he had…
2Cited by2 opinions
- Sherman v. ShermanNew York Supreme Court · 1848
- Campbell v. RawdonNew York Supreme Court · 1854