Fox v. Jackson
New York Supreme Court
This was an action of-trespass, for taking personal property, tried before a justice of the peace. The defence was that an attachment had been taken out by Fox, and placed in the hands of Stone, a constable, under which he had levied upon and seized the property in question. The cause was tried before a jury, who gave a verdict for Jackson, the plaintiff, for $20 damages, on which the justice rendered judgment.
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This was an action of-trespass, for taking personal property, tried before a justice of the peace. The defence was that an attachment had been taken out by Fox, and placed in the hands of Stone, a constable, under which he had levied upon and seized the property in question. The cause was tried before a jury, who gave a verdict for Jackson, the plaintiff, for $20 damages, on which the justice rendered judgment. The defendants brought a writ of certiorari, and removed the cause to the court of common pleas of Greene county. The county judge being incapacitated for hearing the cause, it was…
1Opinion of the Court
By the Court, Parker, J.
After the joining of issue before the justice, the cause was adjourned, and when the parties again met, for trial, the defendants objected to Mr. Cummings *356appearing for the plaintiff, on the ground that he was the law partner of the justice before whom the suit was pending. The justice overruled the objection; and this decision is the first alledged ground of error. The objection was founded on the 52d section of the judiciary act, where it is enacted, that “ no partner or clerk of any judge or officer shall practice before him as attorney, solicitor or counsel, in any…
2Cases cited2 opinions
- Bates v. ConklíngNew York Supreme Court · 1833
- Brown, Hussey & Erith v. HowardNew York Supreme Court · 1817
3Cited by9 opinions
- Welsh v. . CochranNew York Court of Appeals · 1875
- Brainerd v. . DunningNew York Court of Appeals · 1864
- People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1892
- Porter v. BronsonNew York Court of Common Pleas · 1865
- People v. Wood, New York County Courts1934
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