Higbe v. Leonard
Court for the Trial of Impeachments and Correction of Errors
Error to the Chemung common pleas. Higbe sued Leonard before a justice of the peace in assumpsit, and the defendant pleaded non-assumpsit. After a trial before the justice, he rendered a judgment for the plaintiff for $18 damages, and costs.
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Error to the Chemung common pleas. Higbe sued Leonard before a justice of the peace in assumpsit, and the defendant pleaded non-assumpsit. After a trial before the justice, he rendered a judgment for the plaintiff for $18 damages, and costs. Leonard brought a certiorari to the common pleas, and assigned for error in fact, that a brother of the justice had intermarried with a sister of the plaintiff, and that another brother of the justice had intermarried with another sister of the plaintiff, it being alleged' that such marriages had taken place before the commencement of the suit before the…
1Opinion of the Court
jBy Z/te Court, Jewett, J.
“ No judge of any court can sit as such in any cause, to which he is a party, or in which he is interested, 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. 275, § 2.) It has been held by this court that the statute extends to a justice of the peace sitting on the trial of a civil cause. (Edwards v. Russell, 21 Wend. 63; Foot v. Morgan, 1 Hill, 654.) Consanguinity is not pretended' between the justice and either of the parties, but it is insisted that there is an affinity by marriage…
2Cases cited1 opinion
- Edwards v. RussellNew York Supreme Court · 1839
3Cited by11 opinions
- Criminal Injuries Compensation Board v. RemsonCourt of Appeals of Maryland · 1978
- Berdan v. Milwaukee Mutual Life-InsuranceMichigan Supreme Court · 1904
- Moses v. JulianSupreme Court of New Hampshire · 1863
- Tegarden v. PhillipsIndiana Court of Appeals · 1895
- State ex rel. Perez v. WallSupreme Court of Florida · 1899
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