Brotherton v. Wright
New York Supreme Court
Error from the Onondaga common pleas. Wright sued Brotherton in a justice’s court, and declared in trespass quare clausum fregit, setting forth the close by abuttals; to which the defendant pleaded title, and gave bond for his appearance in the common pleas, if the plaintiff should elect to prosecute his suit there. The plaintiff prosecuted his suit in the common pleas, and declared for a trespass upon the same close.
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Error from the Onondaga common pleas. Wright sued Brotherton in a justice’s court, and declared in trespass quare clausum fregit, setting forth the close by abuttals; to which the defendant pleaded title, and gave bond for his appearance in the common pleas, if the plaintiff should elect to prosecute his suit there. The plaintiff prosecuted his suit in the common pleas, and declared for a trespass upon the same close. The defendant now put in a plea of the general issue, and accompanied the same with a notice that he would, on the trial of the cause, prove title in himself, and also in two…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I will consider the exceptions in the order in which they arose in the court below. The common pleas decided correctly in receiving the testimony of the justice, without requiring the production of his dock*239et. The Revised Statutes, vol. 2, p. 270, § 248, provide that “ the proceedings in any cause, had before a justice, may be proved by the oath of the justice.” By the previous sections, it had been provided that a justice’s docket, or a transcript certified by him, shall be good evidence before himself ;• and a transcript signed by him, verified by a certificate of…
2Cases cited1 opinion
- M'Gregor v. ClevelandNew York Supreme Court · 1833
3Cited by5 opinions
- Wilgus v. WilkinsonAppellate Division of the Supreme Court of the State of New York · 1900
- Strong v. SmithNew York Supreme Court · 1804
- McNamara v. BiteleyNew York Supreme Court · 1849
- Pratt v. PeckhamNew York Supreme Court · 1855
- Pugsley v. KisselburghNew York Court of Appeals · 1853