Handshaw v. Arthur
Appellate Division of the Supreme Court of the State of New York
Appeal from Suffolk county court. Action by John P. Handshaw against John S. Arthur to ^recover damages for an alleged trespass on the part of defendant, as justice of the peace, in issuing an execution under which plaintiff’s property was sold. There was a. judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtCullen, J.
—This action was before the general term of this court at the July term in 1895. The decision of the court on that appeal is reported in 89 Hun, 179, 34 N. Y. Supp. 1034. In the prevailing opinion the facts of the case are fully stated. The question is whether a justice of the peace who had adjourned a case pending before him on the failure of - both parties to appear, and thereafter had granted a judgment in favor of the plaintiff, and issued an execution thereon, is liable as a trespasser. The late general term, holding, though with dissent, the defendant liable, reversed a judgment of the…
2Cases cited5 opinions
- Horton v. AuchmoodyNew York Supreme Court · 1831
- Austin v. . VroomanNew York Court of Appeals · 1891
- Hard v. ShipmanNew York Supreme Court · 1849
- Chicago & Indiana Coal Railway Co. v. De BaumIndiana Court of Appeals · 1891
- Handshaw v. ArthurNew York Supreme Court · 1895