Kidzie v. Sackrider
New York Supreme Court
IN ERROR, to the court of common pleas, of the county of Delaware. The defendants in error brought an action of tres- « . , . , . pass on the case in the court below, against the plaintiff in error, for a false return to a certiorari* The declaration stated, that ’ . ’ the defendant below was a lustice of the peace for the county of Delaware, and on the 19th of July, 1810, issued a summons against the plaintiff, in favour of David B. Beers, and Sally Beers, in a plea of…
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IN ERROR, to the court of common pleas, of the county of Delaware. The defendants in error brought an action of tres- « . , . , . pass on the case in the court below, against the plaintiff in error, for a false return to a certiorari* The declaration stated, that ’ . ’ the defendant below was a lustice of the peace for the county of Delaware, and on the 19th of July, 1810, issued a summons against the plaintiff, in favour of David B. Beers, and Sally Beers, in a plea of trespass on the case ; that they appeared, and that the plaintiffs in that suit, declared against them, for diverting an…
1Per curiam
This case comes before the court on a writ of error to the common pleas of Delaware county. The action was against Kidzie, the defendant below, for a false return made by him, as a magistrate, in a cause of David Booth Beers and Sally Beers against the Sac/criders, defendants in the justice’s court, by reason of which false return the judgment was affirmed. To the declaration in the common pleas, the defendant pleaded, that the judgment of affirmance in the supreme court, on the certiorari, was by default. To this plea there ivas a demurrer ; on which the common pleas gave judgment for the…
2Cited by2 opinions
- Houghton v. SwarthoutCourt for the Trial of Impeachments and Correction of Errors · 1845
- Luckie v. GoddardNew York Supreme Court · 1939