Place v. Butternuts Woolen & Cotton Manufacturing Co.
New York Supreme Court
THIS was an action commenced before a justice of the peace of Otsego county, to recover for work and labor. The defendant, by his answer, denied the complaint, and claimed to set off demands against the plaintiff.
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THIS was an action commenced before a justice of the peace of Otsego county, to recover for work and labor. The defendant, by his answer, denied the complaint, and claimed to set off demands against the plaintiff. On the trial the defendant moved the court to dismiss the action, on the ground, among others, that a brother of the justice was orte of the stockholders in the corporation which was the defendant, and offered to prove that such was the fácfc The justice refused to dismiss the action, and excluded the proof offered. The jury rendered a verdict for the plaintiff for $18.67, and…
1Opinion of the CourtMason, J.
At common law it was no disqualification in a justice of the peace to try a cause that he was related in any of the degrees of consanguinity, or was of affinity to either of the parties. (Pierce v. Sheldon, 13 John. 191. Eggleston v. Smiley, 17 id. 133.) It is declared by statute, with us, that no judge of any court can sit as such in any cause to which he is a party, or in which he would be excluded from being a juror by reason of consanguinity or affinity to either of the parties. (2 R. S. 204, § 2, 2d ed.) And this statute was held in the case of Edwards v. Russell, (21 Wend. 63,) to…
2Cases cited5 opinions
- Evertson v. BoothNew York Supreme Court · 1822
- Edwards v. RussellNew York Supreme Court · 1839
- Pierce v. SheldonNew York Supreme Court · 1816
- Post v. BlackNew York Supreme Court · 1847
- Bank of Lansingburgh v. McKieNew York Supreme Court · 1852
3Cited by7 opinions
- In Re the Appointment of a Receiver of the Late Dodge & Stevenson Manufacturing Co.New York Court of Appeals · 1879
- Wilcox v. . HawleyNew York Court of Appeals · 1864
- Hewitt v. FollettWisconsin Supreme Court · 1881
- Moses v. JulianSupreme Court of New Hampshire · 1863
- Harrington v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1882
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