Nellis v. Turner
New York Supreme Court
Error to the Montgomery common pleas. Turner sued Nellis before a justice by warrant. The defendant pleaded in abatement, for the purpose of showing that it was not a case for a warrant, and made affidavit to the truth of the plea. The plaintiff demurred to the plea, and the defendant joined in demurrer.
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Error to the Montgomery common pleas. Turner sued Nellis before a justice by warrant. The defendant pleaded in abatement, for the purpose of showing that it was not a case for a warrant, and made affidavit to the truth of the plea. The plaintiff demurred to the plea, and the defendant joined in demurrer. The return of the justice then proceeds as follows: “ The issue being so joined by the parties, the court decided that the plea was sufficient, and discharged the defendant from arrest. And I entered the proceedings on my docket as above stated, and on the margin thereof I say on said docket,…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The justice decided that the plea was sufficient, and discharged the defendant from arrest. Whether he was right or wrong is not a material inquiry ; for he rendered no final judgment for or against either party, and there was nothing which the common pleas could properly reverse. In Elwell v. McQueen, (10 Wend. 519,) there was a formal judgment, and the only difficulty was, that the justice had called it a judgment of nonsuit, when in its nature it was a bar to another action. So also in Hall v. Tuttle, (6 Hill, 38,) there was a formal judgment, and the only…
2Cases cited1 opinion
- Elwell v. M'QueenNew York Supreme Court · 1833
3Cited by3 opinions
- Beemis v. WylieWisconsin Supreme Court · 1865
- Miller v. FissAppellate Terms of the Supreme Court of New York · 1897
- Slaman v. BuckleyNew York Supreme Court · 1859