Tenny v. Filer.
New York Supreme Court
Error from the Monroe common pleas. Filer sued Tenny in trespass de bonis asportatis before a justice, and recovered judgment The defendant appealed to the Monroe common pleas, and on the trial in that court the plaintiff, in support of his right to recover, proved a justice’s judgment against one Brooks, an execution issued thereon, and a purchase of some wheat in the ground, for the taking of which the action was brought.
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Error from the Monroe common pleas. Filer sued Tenny in trespass de bonis asportatis before a justice, and recovered judgment The defendant appealed to the Monroe common pleas, and on the trial in that court the plaintiff, in support of his right to recover, proved a justice’s judgment against one Brooks, an execution issued thereon, and a purchase of some wheat in the ground, for the taking of which the action was brought. It appeared that neither a summons or other process had been issued against Brooks, the party against whom the judgment was entered, nor did he appear before the justice…
1Opinion of the Court
By the Court, Savage, Ch. J.
The appearance and confession of judgment by Brooks shewn in this case was not an ap« *570pearance and confession, within the meaning of the statute. By the act of 1824, § 12, a justice of the peace is authorized “ to enter a judgment by confession of the defendant.” The praseology of the act of 1818 is in the same terms, and under that statute this court laid down the broad principle, “ that a justice could not legally enter a judgment, unless the defendant appeared in person, or by attorney before him, in court, and confessed judgment, or had been duly summoned, as…
2Cited by7 opinions
- Paul v. ArmstrongNevada Supreme Court · 1865
- Kimball v. MackNew York Supreme Court · 1833
- Beach v. BotsfordMichigan Supreme Court · 1843
- Lester v. CraryCourt for the Trial of Impeachments and Correction of Errors · 1845
- State v. RichmondSuperior Court of New Hampshire · 1853
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