Butler v. Potter
New York Supreme Court
IX CRUOR, to the Court of Common Pleas of Onondaga county. The plaintiff below brought an action of trespass assault and buttery, and false imprisonment, against the defendant below, who pleaded the general issue, with notice of justifica-lion, to wit. that the plaintiff and one Tappin, on the 26th of June. 1817. confessed a judgment before the defendant, as a justice of the peace, under the act for the recovery of debts to the value of -25 dollars, upon which judgment…
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IX CRUOR, to the Court of Common Pleas of Onondaga county. The plaintiff below brought an action of trespass assault and buttery, and false imprisonment, against the defendant below, who pleaded the general issue, with notice of justifica-lion, to wit. that the plaintiff and one Tappin, on the 26th of June. 1817. confessed a judgment before the defendant, as a justice of the peace, under the act for the recovery of debts to the value of -25 dollars, upon which judgment execution was issued in favor of the plaintiff in that suit; and by virtue of which execution, the constable to whom it was…
1Opinion of the Court
*Per Curiam.
The justice had jurisdiction to give judgment for costs ; and though he was limited as to the amount, and gave judgment for more than he ought, it was an erroneous, not a void judgment. The case of Prigg v. Adams, (2 Salk. 674.) is in point. There, an action of trespass and false imprisonment was brought, and the defendant justified under a ca. sa., on a judgment in the Common Pleas, for five shillings, on a cause of action arising in Bristol. The plaintiff replied, setting out an act of parliament for erecting a court of conscience in Bristol, enacting, that if any person bring…
2Cited by16 opinions
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- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
- Austin v. . VroomanNew York Court of Appeals · 1891
- Mallory v. Norton & ScottNew York Supreme Court · 1856
- Gorrill v. WhittierSuperior Court of New Hampshire · 1825
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