Stuart v. Close
New York Supreme Court
Error from the Broome common pleas. Close sued Stuart before a justice of the peace, and exhibited an account for work and labor, &c. • Stuart pleaded, first, the general issue; and secondly, a special plea of a former suit for Ihe same cause of action, a judgment recovered and money collected and paid. Close replied, that the judgment mentioned in the plea had been reversed on certiorari.
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Error from the Broome common pleas. Close sued Stuart before a justice of the peace, and exhibited an account for work and labor, &c. • Stuart pleaded, first, the general issue; and secondly, a special plea of a former suit for Ihe same cause of action, a judgment recovered and money collected and paid. Close replied, that the judgment mentioned in the plea had been reversed on certiorari. Stuart rej°inerh that the money paid had not been recovered back on the reversal of the judgment. - Close demurred, and Stu- . . , . , . , , . . art joined m demurrer. 1 he cause was tried by a jury, who…
1Opinion of the Court
By the Court,
Woodworth, J.
Several objections were made, in the course of the trial, to the admission of evidence; but no exception appears to have been taken, except to the charge of the court, who directed the jury they were to decide the cause as if there had been no previous trial, and that the plaintiff had a right, within the time limited by statute, after the reversal of his judgment, to commence a new action for his original demand.
*440It does not apppar, that either the justice or the court of common pleas took any particular notice of the issue in law arising on the demurrer; but having…
2Cases cited1 opinion
- Kline v. HustedNew York Supreme Court · 1805
3Cited by1 opinion
- Willard v. BridgeNew York Supreme Court · 1848