Hess v. Beekman
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. BeeTcman brought an action against Hess, before the justice, on account of services performed.
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IN ERROR, on certiorari, from a justice’s court. BeeTcman brought an action against Hess, before the justice, on account of services performed. The defendant below pleaded “ a former suit before the same justice, between the same parties, for the same cause of action, in which the merits of the plaintiff’s demand had been fairly entered into, and investigated, and finally submitted to the said justice; who took four days for consideration, to give judgment; and that the said justice did, within that time, enter judgment, or ought so to have done.” To which the plaintiff below, admitting the…
1Opinion of the Court
Per Curium.
The statute directs that, when the parties are properly before him, the “ justice shall proceed to hear and examine the allegations and proofs of the parties; and, within four days thereafter, give judgment thereon, with costs.”
It is settled, that a plaintiff may elect to become nonsuit in a justice’s court, after a trial by jury, and before verdict, as in the higher courts. (Platt v. Storer, 5 Johns. Rep. 346.)
It is also settled, that the justice is bound to give judgment according to the verdict; and that a plea of a verdict in a former suit for the same cause, is a good defence,…
2Cited by18 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Clowes v. Van AntwerpNew York Supreme Court · 1848
- Lathrop v. BriggsNew York Supreme Court · 1828
- Smith v. McMillanNew York Supreme Court · 1895
- Gillilan v. SprattNew York Court of Common Pleas · 1871
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