Bowditch v. Salisbury
New York Supreme Court
ERROR, on certiorari, from a justice’s court. Salisbury sued Bowditch, before the justice, by warrant.! The plaintiff delivered no written declaration; but stated to the justice that he The defendant pleaded non assumpsit, and a set-off of certain notes. By the request of the defendant, the cause was adjourned to the next day. There was a trial by jury, who found a verdict ^or the plaintiff, for 19 dollars and 20 cents.
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ERROR, on certiorari, from a justice’s court. Salisbury sued Bowditch, before the justice, by warrant.! The plaintiff delivered no written declaration; but stated to the justice that he The defendant pleaded non assumpsit, and a set-off of certain notes. By the request of the defendant, the cause was adjourned to the next day. There was a trial by jury, who found a verdict ^or the plaintiff, for 19 dollars and 20 cents. The evidence given at the trial was not stated in the justice’s return» The plaintiff in error objected, 1. That the declaration of the P^™1^ below was bad, as it did not…
1Per curiam
The objections taken to the justice~s return are uutenah1e~ The declaration was not in writing; but from the statement of the plaintiff's demand, it appeared to be founded on an unsettled book account, and upon certain notes which the deiendant had received to collect. Although the nominal amount of the notes was beyond the justice’s jurisdiction, yet the plaintiff claimed only 25 dollars; and he might relinquish all beyond that sum, which he must be presumed to have done, by demanding only 25 dollars. The adjournment by the justice for one day was legal, under the first section of the act.…
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- Dennison v. CollinsNew York Supreme Court · 1823
- Stewart v. Thompson & Co.Supreme Court of Georgia · 1890
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