Watson v. Davis
New York Supreme Court
Error from the Chemung common pleas. Davis sued Watson before a justice, and after issue joined, the parties proceeded to trial. The defendant produced his books as evidence on the trial. The justice in his return states, that “ the testimony here closed and the cause was submitted to me. I took four days to make my decision, and during the four days Watson took his books of account from my office, promising to return them within the time stated above.
Read the full summary
Error from the Chemung common pleas. Davis sued Watson before a justice, and after issue joined, the parties proceeded to trial. The defendant produced his books as evidence on the trial. The justice in his return states, that “ the testimony here closed and the cause was submitted to me. I took four days to make my decision, and during the four days Watson took his books of account from my office, promising to return them within the time stated above. And I further certify that late on the fourth day I went into my office to enter the said judgment, but the books of account were not…
1Opinion of the Court
By the Court,
Bronson, J.
It was the duty of the justice, to render judgment and enter the same in his docket, within four days after the cause was submitted to him for final decision. 2 R. S. 247, § 124. ■ How much time elapsed after the trial before the judgment was rendered does not appear. It is however admitted by the counsel, and appa-
*372rent from the return, that the judgment was neither entered, nor was the amount of it settled in the mind of the justice, until after the four days had elapsed. The action was, I think, discontinued, and the power of the justice at an end. Courts of special…
2Cases cited1 opinion
- People v. AllenNew York Supreme Court · 1831
3Cited by22 opinions
- Fish v. . EmersonNew York Court of Appeals · 1871
- Sibley v. HowardNew York Supreme Court · 1846
- Bloomer v. MerrillNew York Court of Common Pleas · 1865
- Barnes v. BadgerNew York Supreme Court · 1857
- Norton v. PorterSupreme Court of Missouri · 1876
17 more not listed; retrieve them via the Exa API.