Sheridan v. Mann
New York Supreme Court
This case originated in a Justice’s Court, in which the defendant in error was plaintiff, and recovered judgment against the plaintiff in error for $16’97. The plaintiff in error brought a certiorari to the late Court of Common Pleas of Monroe county, where the judgment was affirmed in 1847, The plaintiff in error then brought a writ of eiTor to this court where the judgment of the common pleas and that of the justice was reversed at the general term thereof held in Monroe…
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This case originated in a Justice’s Court, in which the defendant in error was plaintiff, and recovered judgment against the plaintiff in error for $16’97. The plaintiff in error brought a certiorari to the late Court of Common Pleas of Monroe county, where the judgment was affirmed in 1847, The plaintiff in error then brought a writ of eiTor to this court where the judgment of the common pleas and that of the justice was reversed at the general term thereof held in Monroe county in June 1850. Prior to the bringing of the writ of error to this court, and prior to filing the record of…
1Opinion of the Court
Welles, Justice.
The plaintiff in error was irregular in awarding restitution for the particular sum alleged by him to have been paid in satisfaction of the judgment in the common pleas. The rule is that where the record of the inferior court, which is brought up by -the writ of error, shows the judgment satisfied, restitution is a matter of course, and may be had by *203the plaintiff in error after reversal, without motion to the court or scire facias. The reason given is that in such case it appears on the record that the money is paid, and there is a certainty of what is lost (Tidd’s Prac.,…
2Cited by6 opinions
- Hayes v. . NourseNew York Court of Appeals · 1887
- Young v. BrushNew York Court of Appeals · 1864
- Hayes v. NourseNew York Court of Appeals · 1890
- Platt v. WithingtonNew York Supreme Court · 1890
- Schermerhorn v. WheelerNew York Court of Common Pleas · 1875
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