Stiles v. Stewart
New York Supreme Court
Motion in arrest of judgment. The plaintiff declared in debt on a justice’s judgment rendered in this state, setting forth that whereas, on the 14th day of December, 1819, in a certain court of the people of the state of New-York, commonly called a justice’s court, (the said court being held at Salem, in the county of Washington, before one David Sill, Esq., one of the justices of the peace of the people of the state of New-York,) he, the plaintiff, by the consideration and…
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Motion in arrest of judgment. The plaintiff declared in debt on a justice’s judgment rendered in this state, setting forth that whereas, on the 14th day of December, 1819, in a certain court of the people of the state of New-York, commonly called a justice’s court, (the said court being held at Salem, in the county of Washington, before one David Sill, Esq., one of the justices of the peace of the people of the state of New-York,) he, the plaintiff, by the consideration and judgment of the said court, recovered against the defendant the sum of $68 89 cts. which, in and by the same court, was…
1Opinion of the Court
By the Court,
Nelson, J.
The rule laid down by the chief justice in Cleaveland v. Rogers, 6 Wendell, 438, so far as the judgments of the justice’s courts of this state ai’e concerned, must be considered as confined to the case of an avowry or other pleading subsequent to the declaration, there being various instances in which greater certainty is necessary in a plea than in a declaration, and more certainty being required in a replication than in a declaration, though certainty to a common intent is in general sufficient. 1 Chitty’s Pl. 514, 624. See also 1 Johns. R. 384, and 10 id. 372, 428.
The…
2Cases cited2 opinions
- Cleveland v. RogersNew York Supreme Court · 1831
- Jackson, ex rel. Bigelow v. TimmermanNew York Supreme Court · 1831
3Cited by9 opinions
- Nicholl v. MasonNew York Supreme Court · 1839
- Jessup v. LoucksSupreme Court of Pennsylvania · 1867
- Turner v. . RobyNew York Court of Appeals · 1849
- Barnes v. HarrisNew York Supreme Court · 1848
- Barnes v. HarrisNew York Court of Appeals · 1850
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