Maynard v. Thompson & Huntley
New York Supreme Court
This was an action of trespass de bonis asportatis, tried at the Onondaga circuit, in September, 1828, before the Hon. Enos T. Throop, then one of the circuit judges.. Property of the plaintiffs was sold by a constable, under executions against them, issued by Thompson, as a justice of the peace, in favor of Huntley.
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This was an action of trespass de bonis asportatis, tried at the Onondaga circuit, in September, 1828, before the Hon. Enos T. Throop, then one of the circuit judges.. Property of the plaintiffs was sold by a constable, under executions against them, issued by Thompson, as a justice of the peace, in favor of Huntley. In justification, the defendants produced a certificate given by Thompson, certifying that in November, 1826, he, as a justice of the peace of Onondaga, rendered two judgments in favor of Huntley against the plaintiffs, and that on such judgments he issued the executions under…
1Opinion of the Court
By the Court, Sutherland, J.
The judge erred in excluding the certificate of the justice, which was offered to prove the judgment under which the defendants justified the trespass complained of. The certificate was objected to on two grounds: 1. Because the justice was not in office when it was given, and bore date ; and 2. On the ground that it could not be evidence in favor of the justice himself, he being one of the defendants. The act provides, Laws of 1824, page 292, § 29, and 1 R. L. 398, § 21, “ that the official certificate of a justice of the peace, certifying the proceeding, judgment…
2Cited by1 opinion
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