Groff v. Griswold
Court for the Trial of Impeachments and Correction of Errors
Error to the Onondaga common pleas. Groff, in July, 1844, sued Griswold Corning before a justice of the peace, and on the return of the summons declared on a former judgment in his favor, rendered before the same justice against the defendants, for $42,04 of debt, 34 cents damages and $1,06 costs. The defendants did not appear.
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Error to the Onondaga common pleas. Groff, in July, 1844, sued Griswold Corning before a justice of the peace, and on the return of the summons declared on a former judgment in his favor, rendered before the same justice against the defendants, for $42,04 of debt, 34 cents damages and $1,06 costs. The defendants did not appear. The plaintiff, to prove his case, produced the docket of the justice; and a witness sworn on his behalf, testified to the official character of the justice, and that the book produced was his docket; The docket was received in evidence, and contained an entry in the…
1Opinion of the Court
By the Court, Jewett, J.
The declaration before the justice is objected to, as insufficient, on the ground that it did not contain enough to show that the justice had jurisdiction of the person and subject matter of the suit in which he rendered judgment. The return of the justice states that the plaintiff before him appeared and “declaredon a judgment rendered before me on the 21st day of June, 1844, in favor of said plaintiff and against said defendants, for debt $42,04, damages 34 cents, costs'$1,06.” I think such a declaration upon a judgment before the same justice is sufficient, both in…
2Cases cited4 opinions
- Musier v. TrumpbourNew York Supreme Court · 1830
- Stiles v. StewartNew York Supreme Court · 1834
- Fitch v. MillerNew York Supreme Court · 1834
- Stolp v. Van CortlandNew York Supreme Court · 1830
3Cited by5 opinions
- Willard v. BridgeNew York Supreme Court · 1848
- Manning v. JohnsonNew York Supreme Court · 1849
- Humphrey v. PersonsNew York Supreme Court · 1857
- Perkins v. StebbinsNew York Supreme Court · 1859
- Copley v. . RoseNew York Court of Appeals · 1848