Greenleaf v. Low
New York Supreme Court
Error to the Chenango common pleas. Low sued Green-leaf in a justice’s court and the defendant had judgment for a set-off of $11,23 which the common pleas reversed on certiorari. The suit before the justice was in assumpsit, and was commenced on the 11th day of February, 1846. The plaintiff proved that about five years before the trial he let the defendant have ten dollars.
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Error to the Chenango common pleas. Low sued Green-leaf in a justice’s court and the defendant had judgment for a set-off of $11,23 which the common pleas reversed on certiorari. The suit before the justice was in assumpsit, and was commenced on the 11th day of February, 1846. The plaintiff proved that about five years before the trial he let the defendant have ten dollars. The defendant under suitable pleadings proved that on the 2d day of February, 1846, he, as plaintiff) recovered a judgment against the present plaintiff for $11,23, before one Jones, an acting justice of the peace, in a…
1Opinion of the Court
By the Court, Jewett, J.
The main question is whether the plaintiff ought to have been permitted to show that the justice, Jones, was acting without having given.the security required by law when he rendered the former judgment. By the law then in force every justice of the peace, before entering upon the duties of his office, was required to execute an instrument in writing with two sureties, to be approved by the supervisor of the town or ward in which he resided, conditioned that he would pay over on demand all moneys received by him in virtue of his office, to the person or persons…
2Cases cited3 opinions
- Green v. BurkeNew York Supreme Court · 1840
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Riddle v. County of BedfordSupreme Court of Pennsylvania · 1821
3Cited by15 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Dishon v. SmithSupreme Court of Iowa · 1859
- People v. CookNew York Supreme Court · 1852
- People ex rel. Fuller v. HilliardIllinois Supreme Court · 1862
- Brown v. LuntSupreme Judicial Court of Maine · 1854
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