Pixley v. Butts
New York Supreme Court
On certiorari to a Justice’s Court. Assumpsit in the Court below, by Butts against Pixley, for constable’s fees, On the day of trial, one Jones offered to appear for Pixley, but was rejected, on the ground that he had no written authority. The plaintiff proved that he -had an execution, issued by a Justice, in favor of the defendant, against one Van Elton: that he levied on a cow of Van Elton, and advertised her for sale.
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On certiorari to a Justice’s Court. Assumpsit in the Court below, by Butts against Pixley, for constable’s fees, On the day of trial, one Jones offered to appear for Pixley, but was rejected, on the ground that he had no written authority. The plaintiff proved that he -had an execution, issued by a Justice, in favor of the defendant, against one Van Elton: that he levied on a cow of Van Elton, and advertised her for sale. At the day of sale, he offered the cow for sale, but though a number of . persons attended, no one bid any thing. He, therefore, returned the execution to the Justice,…
1Opinion of the Court
Curia, per Savage. Ch. J.
Two objections are urged against this judgment. 1. The Justice refused to permit Jones to appear for the defendant. 2. The plaintiff was not entitled to the fees claimed.
1. We have frequently decided that a parol authority to appear for a party in a Justice’s Court is sufficient, and that the person offering to appear is a competent witness to prove his own authority. (Tullock v. Cunningham, 1 Cowen, 256.)
2. The second point, however, is the most important, and I am of opinion the Justice erred in awarding to the constable his fees on the execution before he had…
2Cases cited6 opinions
- Adams v. HopkinsNew York Supreme Court · 1810
- Hildreth v. ElliceNew York Supreme Court · 1803
- Brown & Hotchkiss v. CookNew York Supreme Court · 1812
- Boswell v. DingleyMassachusetts Supreme Judicial Court · 1808
- Wickham v. MillerNew York Supreme Court · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- State ex rel. Franse v. BryantNebraska Supreme Court · 1887